The lease states if the tenant has a breach of contract the earnest money will become security deposit. Other than that, no early termination clause. Does this mean I have to pay the remainder of the term? Is there a loophole because I'm scared to remain living there?
2006-07-13 00:01:22 · 3 answers · asked by wicked600rr 1 in Business & Finance ➔ Renting & Real Estate
I did contact the police and file a report immediately. I do have to pay the amount in full, I'll try talking to the landlord and come up with a new tenant! I really need to know if there is a loophole for being afraid to go home!!!
2006-07-13 03:44:17 · update #1
When you sign a lease, you are legally obligated for the total rent for the entire term of the lease. For example, a 12 month lease at $500.00 per month obligates you for a total of $6,000.00.
If you break the lease, the landlord can accelerate the lease and demand payment in full. However, the landlord is obligated to make a reasonable effort to re-let the premises to minimize your loss. Courts have often held that 2 months is sufficient time for a landlord to place a new tenant though local conditions and practices could impact that either way.
You should discuss this with your landlord and see if a mutual agreement can be reached to avoid having to go to court.
If you were assaulted by your roommate, you should have immediately called the police and filed charges. You should still do that.
I'm not sure what you are talking about when you say "the earnest money will become security deposit" though. Earnest money is money offered as a binder on an offer to purchase and has nothing to do with a lease. Most states hold that any money paid to a landlord beyond advance rent and application fees is automatically considered to be a security deposit.
2006-07-13 00:39:40 · answer #1 · answered by Bostonian In MO 7 · 0⤊ 0⤋
As long as you and your roommate agree, you should be able to write on a piece of paper that you are to be removed from the lease and that you understand any and all security deposit monies owed back at the end of the lease will go to the remaining tenant (your roommate) and both of you sign it. That way there is no breach in contract as one person is still living there. You will no longer be obligated to pay anything and if he/she breaches the contract then, it won't come back on you.
2006-07-13 09:35:51 · answer #2 · answered by purpleama456 4 · 0⤊ 1⤋
first i would tell your landlord what happened, and talk to him/her and see what he/she has to say.
2006-07-13 07:05:26 · answer #3 · answered by ? 4 · 0⤊ 0⤋