I need out of a rental contract!!!?

Question

I just recently signed a 24 month rental agreement on a home. Only 1 month after moving in, my husband got hurt and is now unable to work. I dont know what to do!!! Is it really that bad to just walk away? Any suggestions? I definitely will not be able to continue to afford a 1200.00 payment every month on my own.

Answer 1

Just go! I mean if they take you to court and you have no money anyway, what can they do? Now a days, there are lots of rental homes that do not require a credit check. Good Luck!!

Answer 2

First of all, apply for disability or unemployment for your husband. That could help.

Otherwise, talk to the landlord. By law, they have to let you out of your agreement if you find other suitable tennants. So, you may get stuck paying it for a few months more, but as long as someone else moves in and takes over the lease, they have to let you out of your contract.

Also, Google "tennant rental rights (your state)" to get more information that can help you.

Whatever you do, don't walk away from the lease. That's a cowardly thing to do. The landlord will sue you, your wages will be garnished, your credit will be affected and it'll be almost impossible for you to rent a decent place after.

Answer 3

This really does put them in a tough situation. My husband's job has transferred us many times and I have had to get out of leases.

First, read your lease. What does it say about early termination? Does it require a certain notice or giving up your security deposit?

Second, talk to your landlord. Explain that your husband has been injured, he can't work and you can no longer afford the rent. They may let you out of the lease. However, you will probably have to give 30 days notice and give up your security deposit. That is pretty standard and most landlords will agree to that.

Third, if they won't let you out of the lease easily, then I would look for someone else to rent the proerty to. You can run an ad and send prospects to the landlord who should rent to them if they qualify. Also, once you move out, the landlord has to try and rent the property. In most cases you will be responsible for paying rent until the new tenants move in and give up the deposit. If the landlord doesn't make an honest effort to try and release, you can sue him.

Fourth, keep in mind that you only rented the place one month ago and it can take awhile to find new tenants. Offer to show the house, run a newspaper ad or hold an open house for prospective tenants. Make it as easy as possible. They shouldn't have to lose money because you are breaking the lease. That's why you usually give up your deposit for breaking a lease.

Some landlords are nice and others are rude. Once you talk to him, put everything in writing. Send a letter to confirm what you have agreed on and detail all the terms (give notice, tell what date you will move out, ask much money you owe, etc). Ask him to make changes if necessary and sign it so you have a copy for your records. You can e-mail this or send it registered mail. It must be in writing or you will have no recourse if he changes his mind in the future. This is very important!!! Also, agree to leave the house in perfect move-in condition for the next tenants. It's very important that you don't abandon the property and leave them a mess even if you lose your deposit.

Good luck to you and I hope your husband recovers soon. You should be able to settle this without a lawyer. If things get hairy, make sure he knows that you know he has to make an effort to re-rent the property. Neither one of you wants to deal with lawyers. You can always get a book on landlord-tenant law for your state to find out what your right and obligations are. Try doing a Google search for landlord-tenant law in your state.

Answer 4

um, I don't have a full answer, because everyone else has done such a great job. I just wanted to add that you should check rental law in your state. Google it, and there'll be a page somewhere. Every state has a different law for how much notice you have to give before vacating depending on the length of your lease agreement. In my state, a year lease has a 45 day notice for the tenant.

Answer 5

First things first, as a Real Estate Agent, we are told that if you have a legal problem then you need to discuss that with an attorney. However, I agree with Luisa here on a few things:

First - Check out your lease. Sometimes there are clauses that where you can get out of a situation like this.

Second - Long Term / Short Term Disability. You should check with his company to see if he is elligible and if so what percentage of his pay does he get. I beleive the standard is 65% of normal pay.

Third - Unemployment Insurance. All taxpayers pay into it and receive it. It's your money go get it!

Fourth - Write a letter to your Landlord. It's important to get everything in writing because if you have to get an attorney and sue, then you have it in writing and have a better chance to win. I would send it via certified letter, this way you can track and have proof that you actually sent the letter.

and finally

Fifth - Get an attorney. If there isn't anything in your lease where you can get out of you lease, you can't get unemployment or disabilit and writing to your landlord hasn't gotten you anywhere - it's the last resort. It's important that you protect yourself and make sure that you direct all calls from your landlord to your attorney if it gets to this point.

I wish you luck and hope that your husband gets well soon!

Answer 6

No, you cannot just walk away, as that is illegal and you will be in more trouble than you can imagine. Does your husband have disability (since you claim he was hurt)? Do you have a savings? Can you work a couple of jobs? I would sit down and talk with the landlord and tell him or her your situation. You really need to look for ways to solve this and walking away isn't one of them.

Answer 7

Read the agreement. There is probably a way to get out of it due to illness/disability in the family. Talk to a lawyer, or to your landlord if you can't afford a lawyer.