okay so i have a lease until may of next year and i need to get out of it and i called my landlord and she said no there is no way to get out of the lease and my husband's job is transferring really soon to another state i have tryed to contact lawyers but they represente the landlords not tentants i need help and fast can any one tell me do i have the right to get out of this lease? Who should i contact? please help? i dont want to just leave and break the lease because i think she can sue me and garnish our check's right? What to do help me?
2006-09-11 07:41:43 · 10 answers · asked by TRISHA 1 in Business & Finance ➔ Renting & Real Estate
Um, in alot of states, it's illegal for them to forbid you to break a lease for military folks (assuming he's military and that's why he's transferring). It's under the armed service statute in the landlord/tenant statutes. What state do you live in? With additional information, I could help you look up your local landlord/tenant laws. It mostly depends on the landlord/tenant statutes. I'll even explain the legalese if you want, so you'll better be able to understand what it is the statutes are saying.
They can put whatever they want in the lease agreement, but if it's not supported by statutes, it won't hold up in court. Depending on what these things are which aren't supported by statutes, it could land the landlord in a mess to try and recoup. It also depends on the statutes on what she can do legally to recoup money for breaking a lease. Here, a landlord can only get 2 months of rent for breaking a lease. They can't force you to pay the entire amount. But again, it varies state to state.
2006-09-11 07:47:56 · answer #1 · answered by sovereign_carrie 5 · 1⤊ 0⤋
Read your lease. It probably has a few paragraphs on what the landlord's options are if you default, ie., move out & stop paying. They may be less onerous than paying for the remainder of a lease you don't use. While no one can predict another person's conduct or the future, very few landlord's will sue a defaulting tenant in another state. Most are happy to take the deposit & find another tenant. To avoid anxiety you can explain the circumstancs & try & work out a settlement for an early termination. You might also try to have your husband's employer pick up part of the damagees.
2006-09-11 07:53:29 · answer #2 · answered by Anonymous · 1⤊ 0⤋
You are hysterical at best, so calm down. First, attorneys don't ALL represent landlords. Secondly, in most states if you or your husband has honestly been transferred then that is sufficient grounds for breaking the lease, although you will probably be required to try and sublet. The landlord cannot garnish your checks unless she goes to court and spends money on an attorney of her own, and that will cost her more than it's worth. She may simply write it off or try and ruin your credit. You NEED to contact an attorney NOW, tell him your plight (again, if your husband has REALLY been transferred and that should be easily proved through his employer), and then allow the attorney to take it from there. You may lose your security deposit and a couple of month's rent, but this is not going to stop the world, believe me. And don't listen to the twits on this forum who say stupid things. Most have no clue what they are talking about. You NEED an attorney!
2006-09-11 07:49:44 · answer #3 · answered by Anonymous · 0⤊ 1⤋
No, she can't garnish your checks. Worst she can do is ruin your credit by sending it to collections when you don't pay it.
When it comes to "airtight leases" there ARE ways out, but they are not easy.
The most common way persons will get out is by offering a buy out. Average time for an apartment to sit vacant varies, so it might not work all the time. Offer a 3 month buy-out, whereby you surrender your deposit and agree to pay 3 months worth of rent.
Second way: sell the lease to someone else. Most leases provide a way out by transfering them to another party. If you can find someone else, sell them the remainder of the term. 8 and 9 month leases are not commonly offered, so you should be able to do it easily. To make it go quickly, offer to cover the first month for free. Advertise in the local paper
You risk losing your deposit in a transfer, but that is subjective to your lease, your landlord, and your state.
One other way: Pay your rent until the apartment gets re-rented. This is the riskiest way, since it might not rent for a while and you paying rent on it won't make the landlord quick to rent it out.
The law does not permit a landlord to collect full market rent for one specified property (your apartment) twice. If they rent to another, they must release you from your lease, and return your deposit. This could happen quickly, or it might take you through the end of your lease.
That's about it, unless you can get a doctor to say your are medically unable to live in the apartment or the military sends you away from the apartment.
2006-09-11 07:51:09 · answer #4 · answered by Anonymous · 1⤊ 0⤋
The most polite thing to do would be to find another tenant willing to take over the lease and then approach the landlord again explaining your reasons and letting them know you have found someone else who is willing to take over the lease. The landlord should willingly let you out of the lease if you find another suitable tenant.
If it's simply not possible in the time you have been allotted, your husband should speak with his employers, to see if they have an advocate who can represent you and your husband on issues such as this.
2006-09-11 07:51:31 · answer #5 · answered by JenV 6 · 0⤊ 1⤋
If there is no clause in the lease about breaking it (for instance military) then you cannot. If you break it, they will come after you for that money and it will go against your credit score. Talk to them and see what you can do to make it easier on you. They may work with you. Be sure thereare no restrictions against sub-letting in oyur lease, also. Good luck.
2006-09-11 07:49:35 · answer #6 · answered by diturtlelady2004 4 · 0⤊ 1⤋
No, you can't just get out of the lease any more than the landlord could evict you for no reason.
Don't just break the lease. Sublet the apartment.
2006-09-11 07:45:41 · answer #7 · answered by Oh Boy! 5 · 1⤊ 2⤋
except you could quite tutor negligence on the owner that is merely approximately impossible to get out of a hire. maximum attorneys might even worry to return your call. Your city ought to have some form of returns union that ought to furnish you advice to no rely in case you have a legal leg to stand on. solid success.
2016-10-14 21:25:56 · answer #8 · answered by ? 2 · 0⤊ 0⤋
Lawyers represent the one who pays them. That's what you need to do.
2006-09-14 00:15:00 · answer #9 · answered by Barbwired 7 · 0⤊ 0⤋
try mediation
2006-09-11 07:48:02 · answer #10 · answered by ? 7 · 0⤊ 2⤋