3 mths left on lease, moving overseas

[tashanc]

What is the name of your state? NC

My roomate and I signed a lease until July 31st, 2005. I unexpectedly received a job offer overseas and will be moving on May 2nd. We have been trying to either sublet for the remainder of the lease, or find someone to sign a new lease, which the landlord has agreed will negate the remainder of our lease. We have had no luck however. Our lease talks about us covering the cost of re-advertising if we breach the lease (which we have covered), as well as "damages sustained by the landlord...due to nonfulfillment of the initial Term", so it seems like we are liable for rent until July 31st.

I have two questions however. First, how co-operative does the landlord have to be in vetting new applications? I know of a few people who have wanted to either sublease or sign a new lease who have dogs and he is saying no to them. One person also wanted to sublease for summer, with the possibility of an extra month, and he was not happy with that either.

The second question is a long-shot. We found out that it is actually illegal in NC for a man and a woman who are unmarried to live in the same house (apparently someone was fired from the Police Dept recently for this reason, so it was in the news). Can we try and argue that our lease is not a binding contract b/c it breaks a state law? Or will this be an equivocal point that could end up in court and end up costing us more than the three months rent ($1175 per month).

thanks for any advice.

 

[BelizeBreeze]

What is the name of your state? NC

My roomate and I signed a lease until July 31st, 2005. I unexpectedly received a job offer overseas and will be moving on May 2nd. We have been trying to either sublet for the remainder of the lease, or find someone to sign a new lease, which the landlord has agreed will negate the remainder of our lease. We have had no luck however. Our lease talks about us covering the cost of re-advertising if we breach the lease (which we have covered), as well as "damages sustained by the landlord...due to nonfulfillment of the initial Term", so it seems like we are liable for rent until July 31st.

I have two questions however. First, how co-operative does the landlord have to be in vetting new applications? I know of a few people who have wanted to either sublease or sign a new lease who have dogs and he is saying no to them. One person also wanted to sublease for summer, with the possibility of an extra month, and he was not happy with that either.

A good faith effort to rent the place is all he is required to do under the law.

The second question is a long-shot. We found out that it is actually illegal in NC for a man and a woman who are unmarried to live in the same house (apparently someone was fired from the Police Dept recently for this reason, so it was in the news). Can we try and argue that our lease is not a binding contract b/c it breaks a state law? Or will this be an equivocal point that could end up in court and end up costing us more than the three months rent ($1175 per month).

thanks for any advice.

Your lease is not illegal. your living arrangement is. But nice try.

 

[south]

See Below .

What is the name of your state? NC

My roomate and I signed a lease until July 31st, 2005. I unexpectedly received a job offer overseas and will be moving on May 2nd. We have been trying to either sublet for the remainder of the lease, or find someone to sign a new lease, which the landlord has agreed will negate the remainder of our lease. We have had no luck however. Our lease talks about us covering the cost of re-advertising if we breach the lease (which we have covered), as well as "damages sustained by the landlord...due to nonfulfillment of the initial Term", so it seems like we are liable for rent until July 31st.

I have two questions however. First, how co-operative does the landlord have to be in vetting new applications? I know of a few people who have wanted to either sublease or sign a new lease who have dogs and he is saying no to them. One person also wanted to sublease for summer, with the possibility of an extra month, and he was not happy with that either.

Landlord is not required to take anyone that knocks on his door as long as he is making an effort to re-rent that is all he has to do.

The second question is a long-shot. We found out that it is actually illegal in NC for a man and a woman who are unmarried to live in the same house (apparently someone was fired from the Police Dept recently for this reason, so it was in the news). Can we try and argue that our lease is not a binding contract b/c it breaks a state law? Or will this be an equivocal point that could end up in court and end up costing us more than the three months rent ($1175 per month).

You can always try and argue anything you want but be prepared to be laughed out of court on this one, your argument will be that you are breaking the law

thanks for any advice.