Broken lease

[justfiveofus]

We filed prose on June 15th. We included our residential lease as something we were going to not reaffirm basically.

The landlord called today and basically told me that they're going to make sure we're responsible, bankruptcy or not and that the bankruptcy doesn't protect us from 'future' debt. I have no idea what she's talking about. We were advised when we consulted with a bankruptcy attorney to stop paying on EVERYTHING, including the rent if we didn't want to keep the house. We were advised by another attorney after we filed not to pay the rent, as they have 1200 security deposit which will more than cover the partial months rent plus any damages since there are none. We were trying to move out by the 18th and had let the rental company know that but they decided to go through the eviction process any way and since our new place isn't ready we weren't able to move. We only found out last Friday that it wouldn't be ready this last weekend. I would have called the landlord but she's been such a umm not very approachable person and we're supposed to see them in court on Wednesday any way for the eviction. She restricted her number today and I thought it was the electric company and so I answered the phone (my hubby was supposed to call and deal with her) and she started in right away. I explained to her the situation that we have no where to go at all and we have kids so we're trying to figure out our best options and that we would have called but we just found out last Friday. She started in about how she'll make sure we have to pay them the balance of the lease (the lease is stated that if you break it you're responsible for the rent in full until they find a new renter). She said, "there is a renter that wants this house and if you screw this up with them I'll make sure you pay." I was very quiet and didn't say much.

My question is, does anyone know if we really ARE responsible for that balance since it's included?

[BKOnce]

No, just her scare tactics, nice try.

[SMinGA]

My understanding: you can be held responsible for rent after the date of filing to the date of moving out. Penalties for breaking the lease, however, should not be an issue.

Would have been best if you had moved out before filing - then it would have been clear as you would not have an future responsibility.

[justfiveofus]

So basically just current month's rent then since it's the only one we've missed?

[dumpinmydebt]

I don't think so. I owe a landlord $6000 from a lease I couldn't keep. I haven't filed yet, but I know it's dischargeable.

I mean, if she was right on this "future debt" thing, then the landlords could never really go after someone until after the lease was up. My landlord went after me 2 months after I vacated(Sept 09), and the bill was until Aug 10. Then they had to correct the bill since someone re-rented the place. So technically, they sent me a bill for "future debt."

I think you're landlord is just trying to scare you into paying.

I mean, if you've filed and she's still harrassing you I would think that would be a violation of some sort, but I'm sure someone else will chime in on that.

Yes, it would be more clear if you moved out before you filed or even now because you could add it in.

[newbie2]

So basically just current month's rent then since it's the only one we've missed?

Yes. You filed on June 15th. It's July and you're still in the home. You would owe for Julys rent.

[HomeNow2]

Insight please......

My hubbie is disabled and his annual payment fell over 40% in January 2013, now we are not able to keep renting at this current location due to the drop in income. We notified our landlord mid-January that we need to move or we won't have the money to pay. The lease has a long way until it is up, but there is a 3-month out notification clause.

We paid for January and February, as it is now into February. We will be out Feb. 17th.

The landlord wants to keep the security deposit and get 3 more months of payment from us as the lease reads. We simply do not have it.

IF our landlord ends up taking us to court, would the judge be likely to grant the landlord what he is wanting since that was what the original lease said he is due or would a judge not likely have us pay after when we moved out? I know this is speculation on what a judge would/would not say, but just freakin' out here................

Any other insights would be appreciated.

In Tennessee and freaking out......