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we just got an apartment 2 months ago and were having financial problems right now. we made a lease for 1 year. but unfortunately we can't afford to stay here anymore, its a 3 bedroom. but we wanted to find a 2 bedroom thats cheaper. do we have to finish our lease? or could we find someone to finish it for us? we really dont have an option..we cant afford to stay here any longer..due to some situations..what could we do?

2007-12-14 17:58:12 · 4 answers · asked by andres momma<3 2 in Business & Finance Renting & Real Estate

4 answers

The thing to remember is that an apartment lease is a legally binding contract between the tenant and the landlord. So, breaking a lease is like breaking any contract. There are usually penalties. That doesn't mean you should never break a lease.
In real life, things come up all the time: you get a new job that's out of town; you can no longer afford the rent; you're getting married. We can't always put our life on hold for a lease. While landlords understand this, it doesn't negate the fact that you're ending an agreement. For them, it means finding a new tenant sooner than they expected, and if you give them little notice, having an empty apartment until they find a replacement.
The key to all of this is choosing the best between two unappealing scenarios: stay in the apartment or break the lease.
Which is better? Put another way: is the reason you want to break the lease strong enough to you that you're willing to suffer the penalities?
Before making the decision, you'll need to know about possible penalties.

Many leases specify the penalties for breaking it. The penalties are there to deter tenants from breaking the lease and to compensate the landlord should a tenant decide to go ahead and do it.
Some areas have laws that govern how the breaking of a lease plays out. For example, some places allow tenants to break a lease if they're moving for a job. And people in the U.S.military have special rights concerning lease termination.
Common penalties include paying rent until the landlord finds a replacement (local laws may require the landlord to make an effort to find one) or loss of security deposit or both. Read the lease to find out what's been specified in your case and check out rental laws in your area. To do this, you can call a legal aid office or the state department that handles housing issues.

If you decide to break the lease, talk to your landlord and be polite. You may need to use them as a reference in the future, so it's best not to burn any bridges. If you can help it, give them plenty of notice.
If you're in a situation where the landlord is justified in penalizing you for breaking the lease, it's up to him or her whether they actually want to enforce the penalties. If you're polite and honest about your reasons for leaving (such as moving to another state, getting married, etc.), they may let you out of your lease without any penalties. When doing this, remind them that you're a good tenant. Also, you could offer to find a replacement yourself, assign the lease or sublet. If they like you as a tenant, they may be happy to receive a recommendation from you for a replacement tenant. If they agree let you out of your lease without any penalties, remember to get it down in writing with both of your signatures. See this sample lease release form.
If the landlord decides to penalize you, I recommend following whatever was laid out in the lease. If you don't, the landlord could file a lawsuit against you.

Follow the link below and choose your state. Hopefully it will give you some contacts for tenants rights in your state.

Good Luck!

2007-12-14 18:10:42 · answer #1 · answered by Dominicks Granny 4 · 2 0

The "situations" are not the landlord's problem. If you have to get a second job to make the rent, then that is what you need to do.

Evictions are expensive for the landlord, and you'll be responsible for those costs if you don't pay your rent.

Most landlords no longer sublet, but the few that will, will state so in your lease, but the new tenant must credit qualify, be approved by the landlord, and you are STILL on the hook if the other person doesn't pay, unless the landlord is willing to make the switch....which few are.

2007-12-14 19:47:18 · answer #2 · answered by Expert8675309 7 · 0 0

1.Think outside the box...Can YOU locate someone that is financially qualified to sign a new lease instead of putting this responsibility on the landlord? Can YOU afford to advertise the apartment for rent?

2. If you can't locate someone, you are legally responsible for the rent to the end of the lease terms, sublet or no sublet.

2007-12-15 02:04:14 · answer #3 · answered by !!! 7 · 0 0

Talk to the landlord IAM sure he may let you out of your lease He doesnt want an unhappy tenant He knows he can lose in the long run .He doest want it vacant Tell him you will show the place anytime and keep it clean THEN you both win

2007-12-15 04:41:43 · answer #4 · answered by Tracer 5 · 0 0

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