Dec. 31, 2006

Q: I signed a one-year lease for my house in California starting March 1, 2006, which will expire Feb. 28, 2007. It seems to be a standard contract.

I was recently laid off by my employer, I'm currently in my company's redeployment pool and I need to find an internal job until Dec. 20 or this will be my last working day. I hold a temporary work visa, which is linked to my company. If my employment ends, my visa is no longer valid and I need to leave the country soon after that.

The lease contract says that in the event of termination by the tenant prior to completion of the original term of the agreement, tenant shall also be responsible for lost rent, rental commissions, advertising expenses and painting costs necessary to ready premises for re-rental.

Does this clause apply even though I have been laid off and need to leave the country before my lease is up?

What happens if I manage to find a job in my company but in another location and I need to move cities?

I have paid a deposit which is equivalent to 1.33 month's rent but the contract says that it cannot be used as last month's rent.

Thanks in advance for clarifying the points above.

A: A lease is a legally binding contract. Unless there are clauses in the lease that address events such as you have described, the lease terms can be enforced and you will be responsible to pay these expenses. When you know that you will be forced to move you should contact your landlord or property manager and advise them of your situation. Hopefully, you could work with them in securing another tenant to coincide with your departure. This could mitigate your costs.

Dr. Thomas Musil is the director of the Shenehon Center for Real Estate in the Opus College of Business at the University of St. Thomas in Minneapolis. He has over 25 years of experience in real estate as a broker, analyst, consultant and expert witness in real estate litigation and arbitration disputes.

(Copyright © Cape Cod Times. All rights reserved.)