I am buying a house, and need to break my lease. My apts are trying to charge me over $4k to move out early.?

Question

I am fine with most of the charges - the reletting fee, and reimbursement of discounts and concessions. The part I am concerned about is that they are trying to charge me 60 days worth of market rent, which totals nearly $2k. Can they charge me for rent when they will most likely already have someone else living here??

Answer 1

As others have said...basically, they can (and probably will in most cases) charge you the maximum amount stated in the lease. But this amount is of course subject to limits usually set by state law (in OH, for example, I believe all they could charge you is 3 months rent). So read the lease, and make sure it is within the bounds of that (if not, point this out to them and they should drop their requirements). And then, if you find the amount is allowed by the lease, go to the library and look at the UCC or whatever need be make sure that amount is legally allowed by your state. If not, threaten a lawsuit. If it IS allowed by law...your options become limited to either

1) paying the amount, however ridiculous it may seem
2) not paying it and getting slapped with an eviction or lawsuit or
3) move out and sublet the apartment. Try and keep it under the table if it is not allowed by the lease (maybe charge rent well below the market rate to keep the new tenant quiet since they know better than to ruin a good thing)

Answer 2

In Calif, theoretically you can be liable for all rent until the lease expires. But the landlord must attempt to re-rent your unit and can collect 'reasonable' advertising expenses, cleaning fees, etc. to make the unit ready for another tenant.

If the rental market is soft, you could be made to rent pay until they can get new tenants. But if they can sign new tenants before your lease expires, they cannot collect rent from two parties - you would be out of your lease.

The upper limit is what they can get in small claims court.

See source for more info.

Answer 3

Yeah I surely have advice. do no longer. right here is why; in case you landlord sues you he might maximum probable win. despite the fact that if the themes you enhance did signify a reason to interrupt the hire, in a criminal conflict each and every person loses. the only way out is to artwork along with your landlord and are available across a sparkling tenant to take over your hire. don't be fooled into thinking the foreclosed dwelling house you have got here across is the only one accessible. dwelling house costs will circulate yet another 20% on the drawback interior the subsequent 12 to 24 months - you have a brilliant paying for hazard, yet don't get caught having to pay off the hire.

Answer 4

The landlord has a duty to mitigate his daamages, meaning that he cannot delay rerenting the apartment or hold it empty simply because he can collect from you.

They cannot collect damages when there are none, meaning that if they are accepting rent from a tenant, they cannot require you to pay also.

Answer 5

read your lease, I have gotten out of those contracts before just make sure he doesn't know you have bought a house,then you have allmost any option for breaking your lease,make something up that is beleivable and stick to your guns on a good reason of breaking your lease otherwise speak with a lawyer

Answer 6

They cannot charge you after they have rented it to someone else. But they can delay renting it out until the term of your tenancy is over.

Answer 7

Depends on the rental contract you signed with them, but if it's in there, then yes, they can charge it to you. Get out your rental contract and read it.

Answer 8

For 4K, spend $200 and talk to a lawyer!!!

Answer 9

This is all abouth Negotition, you dont need to accept any of the charges, my persnal advice dont try to understand. If you accept everything they usk more, tell them you dont accept.

Answer 10

Just move out..Do not tell them where you are moving to..If anyone asks say to china.