My GF and a friend of hers are leasing a house.. And both really want to move out. The commute from where they work to where they live is over 60 miles each way. The lease they signed says they will come after them for the money if the lease is broken.. AND the a landlord has even said so much when one of them asked is there anyway they can break the lease. It seems like it's not right for someone to HAVE to live somewhere just because they signed there name to something. I understand it's a legal document and all, but there has to be a way out of this, no ???
2007-03-16 23:28:34 · 6 answers · asked by dralls4lyf 2 in Business & Finance ➔ Renting & Real Estate
I am a property manager in Virginia.
It is reasonable to ask the landlord to market the property to new tenants and to aid in the process. When another qualified tenant is found, applies, signs a lease, and takes possession, your friends should be off the hook. Be aware the landlord could charge one or more fees for the inconvenience.
The landlord's primary concern is his revenue stream. It doesn't matter whether your friends pay or another qualified person as long as the landlord doesn't have to bear the expense of your friends' change of heart. Strictly speaking, a private landlord may not be required to allow your friends to break the lease in this way - but it is a fair way to do it and defensible in court if push came to shove.
I agree with others that your friends' commute and so on are not grounds to break the lease and it IS a binding contract. The landlord can do some bad things, including seeking a judgment for rent if it goes unpaid - and that can remain on the credit report for up to 10 years.
If your friends approach the landlord from the standpoint that they want to make this change without any loss to him - he'll be more receptive to the idea. If they try to make excuses and want to simply walk away from their obligation, he'll likely tune them out and ignore/deny their request.
2007-03-17 03:36:21 · answer #1 · answered by njc_flhtc 4 · 1⤊ 0⤋
How much time is left on the lease? You say that they have already talked to the landlord with bad results...have they make any offers or asked for suggestions basing this upon getting a no from the landlord is not acceptable?
Call Fair Housing or legal aid for help. I don't know what state you live in...this could make a difference.
Otherwise, there is, what is called, a lease buyout. You pay two months rent & the landlord releases you from responsibility. If the landlord can find another tenant, they cannot charge rent from both parties by law. You might want to help them find another tenant. If you try to sublease, you usually must go through the landlord. He needs to have a signed lease from that person(s). You don't want to be responsible if the sublease falls through. That would be another mess.
Whatever you do, do not default on your lease. It will follow you forever & you will not be able to rent again. It will stay on you credit until it is paid up. This is very bad.
Call for advice or see an atty. (legal aid if possible)
2007-03-17 10:35:31 · answer #2 · answered by SUSAN K 3 · 1⤊ 0⤋
They have 3 options:
1) Stay and pay
2) Find a tenant that is acceptable to the owner
3) Pay all and leave.
In Virginia many leases have a military clause that allows military members to break a lease IF they are reassigned out of the area.
Your friends have signed a legal document that the landlord can enforce thru court action. They sound very naieve and I suggest they get competent advice BEFORE they sign another contract.
2007-03-17 12:42:20 · answer #3 · answered by kayak 4 · 1⤊ 0⤋
I believe there are ways to break a lease, but not for the reasons you mentioned. Travel time is something they knew when they signed the lease. I know it seems unfair, but the nature of a contract is to bind people to their agreements. Hopefully the contract will also protect your friends from rent increases. Perhaps they could ask the landlord if he/she would allow them to move if they found a new party to take over the lease.
2007-03-17 06:41:41 · answer #4 · answered by siddoly 3 · 1⤊ 0⤋
Negotiate a way out or actively seek a person to do a sublease. They are legally bound for all payments for the length of the lease.
2007-03-17 06:37:03 · answer #5 · answered by Anonymous · 1⤊ 0⤋
it does not matter what state you are in, the lease is a signed leagal document. your are expected to read and fully agree to the terms before signing. if it says that you owe a million dollars if you break the lease, then you owe a million dollars. sorry, no way out of it. if you had a problem, you should have tryed to revise it,BEFORE you signed it. if he wouldn't revise it then, then you should not sign it.(and not live there)
2007-03-17 08:50:12 · answer #6 · answered by shamus_jack 3 · 1⤊ 2⤋