We just bought our first home and thought our land lord would understand when we said we would be moving out early. We thought she would just keep the security deposit and let us go but she is making us pay everything. it seems to us the lease doesnt say that we do have to pay the whole thing out. plus once the first year was over, we never signed a formal lease for the second year. she just sent over a paper she typed that asked us to check if we would be renewing the lease or moving out on the specified date. Does this even count as a legal lease, can she really hold us with that? if so is there a way to get out?
PLEASE SOME ONE HELP US?!?!?!
2006-11-26 14:57:51 · 6 answers · asked by HairDiva 1 in Business & Finance ➔ Renting & Real Estate
#1: You should have looked into the penalties before buying your house. Bad move to assume anything.
#2: Get a lawyer. This is no place to be seeking sound legal advice.
2006-11-26 15:18:01 · answer #1 · answered by aint_no_stoppin_us 4 · 2⤊ 0⤋
I'm not sure how long you have been in the property, and I'm not sure what country you are in or the legalities there, but in Australia, if your first 1 year lease if over then you are on what is called a continuing lease in which you only need to give 21 days notice to vacate as you are living there on the same terms of the lease without a set period. If you are on a fixed lease and the expirey period is not yet over then you can be liable for each weeks rent until a new tenant can be found, and possibly the agency fee for finding a new tenant which is normally 1 weeks rent.
If your lease if over and you have not signed a new lease agreement, and only the letter to say you would be staying then I presume that you are not on a lease until you've signed on the dotted line, the letter would be only to express your intentions. If in Australia I suggest you contact the consumer trader and tenancy tribunal for further advice or possible action against the agent concerned. Good Luck
For a way to get out of your agreement, you could come to an agreement to help find a new tenant for the property, you could agree to stay in the property till a new tenant is found and pay the finders fee for the new tenant, which is 1 weeks rent. It's all about negotiating with your property manager/landlord.
If an Australain lease, read clause 36.
2006-11-26 23:18:23 · answer #2 · answered by having_a_blonde_day_lol 4 · 0⤊ 0⤋
Not knowing which state you live in this advice my vary as I am from Wisconsin.
The pivotal thing is what exactly was written on this document your landlord asked you to check. Even so this is a pretty iffy to begin with. What the landlord is probably saying that the document is some sort of addendum to the original lease. However, I don't think will fly.
In Wisconsin, if your lease runs out and the landlord has not notified you that they are not renewing the lease, it automatically reverts to a month to month lease. In a M to M lease, all you have to do is give 28 day notice that you are leaving, typically for a move out at the end of the month, since in a M to M lease it assumes that the start date is the beginning of the month.
the cheapest thing to do is check to see if the county has a tenant assistance program.
If nothing else, just chose not to pay the landlord. Under the law, unless you specify, the landlord cannot use the security deposit to pay back rent. Then clean the apartment, document its condition when you leave and see what the landlord does. If the landlord keeps the security deposit for rent, then you can take them to court for usually double the amount of the deposit. If the landlord wants the rent, he will have to take you to court, which will cost them money, but I think you would win.
2006-11-26 23:15:45 · answer #3 · answered by AJ 7 · 0⤊ 0⤋
The legal stuff depends a lot on which state you live in. Don't ever get in a lawsuit if you can avoid it. It SUCKS. The absolute best thing you can do is COMMUNICATE with your landlady. When you checked the box that said yes we're staying here, you renewed the lease and you indeed promised to rent the place for another year. Its likely she can legally hold you financially responsible for the rent for the term of the lease. The best idea is to help her find a new tenant. You left her in a lurch when you agreed to stay another year, then moved out unexpectedly, so you can't expect her to be very happy about it. I'm a landlord myself. If an emergency came up, like sick folks, lost job, etc. I'm pretty flexible. Especially with tenants who have been good people. When you decided to buy a new house you should have contacted her and talked about it, let her know you'd keep the house clean for propective tenants, make it easy for her to show it and actually look for new renters yourselves. That's all water under the bridge. Call her up and see if you can come up with a solution. Fact is, you bought the house and are moving. How can you help HER get new tenants? If she can rent it again, its unlikely she can charge you rent too. Double dipping is illegal in my state. You see ads for people to take over car leases all the time. the car dealers hold people to the agreements they enter into, so can your landlady. Communication is the key. You have rights, so does your landlady. If you do go to court, it can be risky, but some judges side with tenants despite what they have agreed to do. Use the court route absolutely LAST. Trust me. Talk to her! Sincere good luck! HB
2006-11-26 23:20:58 · answer #4 · answered by Hunter B 2 · 1⤊ 0⤋
What does your first lease say about renewing for another year? You need to read the lease and determine what it says. If it says nothing about an automatic renewal then you would be on a month to month tenancy and could terminate with 30 days written notice to the landlord. If you automatically renewed for another year, then you could find someone else to sublease, hope your landlord finds another renter or perhaps you have other options. Nevertheless, I wouldn't pay all the money up front for the remainder of the lease until your landlord has made a reasonable effort to rerent the premises.
2006-11-27 00:12:45 · answer #5 · answered by ruzicho2000 2 · 0⤊ 0⤋
I was a property manager and this is what out lease stated, if you moved out before your lease is up, you would for-fit the security deposit and pay a break lease fee. You need to find out what your lease states and if it doesn't state anything, then yes she can take you to court and make you pay the balance. The only thing that will save you is something in writing, such as a break lease agreement. Good luck!
2006-11-27 14:39:20 · answer #6 · answered by Michelle Lynn 4 · 0⤊ 0⤋