3 mths left on lease, moving overseas

[tashanc]

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.

 

[NYClex]

Hm, that sounds interesting. It is illegal to live together when not married? I can't imagine that NC still has such a valid law, but if it would, then a contract based on exactly this, living together illegally, actually would be void. But try to find out first if there really is such a law and what it says.

Otherwise, yes, a landlord has to mitigate the damages of a breach of contract, but only in so far that it is not against his normal policies. For example: he only rents one year leases. You breach for 3 months, and someone wants to lease for 6 months. The landlord does not have to take that renter. Or if he usually does not allow pets, then he does not need to allow it now either.