Can I get out of my lease if the landlords have changed the terms?

Question

We have all of our stufff moved out and keys returned. We gave our notice that we are moving out on Dec. 30th. We had to break the lease because I am pregnant with twins and I am having difficulties in my pregnancy, my Dr. is 200 miles away, so we want to move closer to him. The landlords are not making all reasonable efforts to re-rent. They now want to do a rent to own, and they have changed the monthly rent from $1200 to $1390 a month. No one has been interested in the house, and we cant wait around forever for them to re-rent or should i say "rent to own." Would a note from my doctor work, saying that I needed to move to be closer to him for my high risk pregnancy? And are the new terms of the house reasonable?

Answer 1

Your landlords haven't changed the terms of your lease. Instead all they have done is change the terms of the lease for future tenants which is completely legal and is likely being done to find a more permanant tenenant. When you signed your lease you agreed to rent the property for the term of your lease and if you leave, you are still liable for the months you aren't there while it remains empty so their efforts to re-rent the property are not as important from their point of view because they know they are going to keep your security deposit and can sue you for the balance of the rent (not that they are assured a win). The only valid reasons for breaking a lease would be stated in the lease itself, but have heard some other mitigating medical circumstances enabling people to break their lease (like having live in a long-term care facility), but certainly not for pregnancy so don't waste your doctors stationary. I sympathize with you for your pregnancy troubles and how you feel a need to be closer to your doctor, but isn't possible you can find a different doctor who lives closer?
Ultimately your issues can be answered by what is written in your lease (including the possibility to sublet) and the real estate laws of your state.

Answer 2

"so their efforts to re-rent the property are not as important from their point of view because they know they are going to keep your security deposit and can sue you for the balance of the rent."

Good luck with that. Every landlord I have ever seen try and pull this lost in court.

As the other poster said, the landlord has a duty to mitigate their damages. This incorporates things like not hiking the rent or changing the terms and conditions so as to make re-renting the unit difficult. They are being unreasonable. They hiked the rent almost 20% and are now looking for a quasi-sale rather than straight rental.

"Your medical problems can not break the lease."

In some places they sure can.

Some states (NJ for instance) allows tenants who have a lease for one or more years to break the lease without penalty if the tenant or the tenant’s spouse becomes disabled due to an illness or accident. You have to notify the landlord with a special disability form available from the NJ Dept of Community Affairs, but it can be done.

Find out if your state has a similar law and what the requirements are.

Answer 3

Depends what state your living in hun. I have my Real Estate license in the ACT and the owners are not allowed to change the terms when re-renting due to a break lease - they must try rent it out at the same price as before under the same conditions otherwise you should be released from your contract.

Answer 4

Your medical problems can not break the lease. If you do not want the rent to own contract, you do not have to sign it. The original lease is valid and binding. Since you have moved at this time the land lord may keep the deposit, you would have to take them to court to get it back.

Answer 5

No, when you signed the lease most likely you signed that in the future if the rent raised you would still be responsbile.

Read your lease carefull considering any stipulations and go from there.

Answer 6

properly, im no criminal expert yet i think of if your going to pass to courtroom it incredibly is recommended to look for advice from one and spot the place you stand on the challenge. Any settlement signed could be broken yet with harsh outcomes. however the owner can substitute something he see slot in the settlement after the settlement is up. as long as he warns you previous to time which he did with the letter. if your hire isn't up till June 30 and he replaced the charge coverage in the hire then you fairly've a criminal argument with regard to the challenge. you are able to in basic terms substitute a settlement after the settlement is up. something extra will could be amended and the two events could sign the recent or revised settlement. Breach of settlement is what evidently decide to me from what your saying yet while the settlement itself stats that the owner reserves teh authentic to alter something in the settlement at each time as long as he warns you in stepped forward then your screwed and that i might initiate saving to circulate or abide by the recent charge plan. of path i dont have the incredibly settlement despite if it would help me come to a greater robust end than what ive typed if i substitute into to verify it.

Answer 7

The owners are under a duty to mitigate the damages. If they are failing in their duty you may to able to recover past rent. However, you should consult with an attorney or a legal service since every county and city is different.

You may have to go to small claims court to recover damages.

Answer 8

If you have a lease and they are not living up to the terms then they are in breach of contract...talk to an attorney and stop talking to them!