we have 7 monthsd left and are needing to leave for medical and financial reasons and our landlord is being a total pain.
2007-12-19 17:18:42 · 16 answers · asked by girlie 1 in Business & Finance ➔ Renting & Real Estate
wow thanks for all the great answers!!!
2007-12-19 17:42:40 · update #1
The best way is to find a replacement tenant. Usually what the landlord is concerned about is getting someone else to makeup for the money they would be losing when you left. But this doesn't mean that the landlord has to accept the new tenant by law. Another recommendation would be to go to www.findlaw.com and try searching for the current rules concerning tennants in your state.
2007-12-19 17:25:30 · answer #1 · answered by Anonymous · 0⤊ 0⤋
the lease is a legal binding contract. You can't just simply walk away, whatever the reason.
The only way you could possibly get out with a minimal amount of paying more $$$ is to find another tenant so the landlord wouldn't miss a monthly rent payment. You pay your last month, the new tenant moves in and pays the next month. Keep in mind that by breaking the lease, you will lose your deposit. Thats part of the penalty for breaking a lease and having the landlord going through the trouble of having to advertise and screen other potential tenants. Not to mention that you are legally binded to pay rent until the place gets rented out again. Thats what a lease does.
2007-12-19 17:29:05 · answer #2 · answered by Anonymous · 0⤊ 0⤋
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2016-07-18 19:46:21 · answer #3 · answered by ? 3 · 0⤊ 0⤋
Here's the thing: Sure you're breaking a lease w/ consequences, but the reality is he can't file until he rerents the place and determines a final dollar amount you owe.
Most states don't allow the landlord to collect the full lease amount. AZ, for example, provides that the landlord has a "duty" to mitigate damages. So, a LL here has to actively pursue NEW tenants before he can collect from you.
Give him formal notice and move out.. Obviously, you will lose any deposits...but it will be months before he can file suit against you.....and if and when he does, maybe you'll be able to then pay the damages. It will certainly be a "valid" debt, but the amount of the debt is way way up in the air and an unknown. Further, if he files a crazy amount, you would be smart to appear in court in an effort to make sure he doesn't win a default judgment. Judges tend to favor tenants.
You will owe something, but not nearly as much as you think.
2007-12-21 02:20:43 · answer #4 · answered by Paula M 5 · 0⤊ 0⤋
There is no way to 'break a lease' without the agreement of the landlord. You will be responsible for rents due until the landlord re-rents the property to another suitable tenant.
Your lease MAY have terms included which specify the penalties for early termination. If no such terms are included, then there is no early termination offered.
The landlord must make reasonable attempts to find another suitable tenant. If he is not successful, you're on the hook. You need to check whether or not your lease agreement allows you to sublet to another. (My leases do not offer such)
However, if you ARE successful in finding another tenant for the landlord and the landlord accepts the tenant, you have now found another renter.
To those who say the landlord cannot collect if you don't pay, think again. I normally file a small claims court action against those who abscond and don't pay, and I rarely lose.
2007-12-19 22:13:40 · answer #5 · answered by acermill 7 · 0⤊ 0⤋
If you signed a contract, it should have the policy for backing out of your lease. If you didn't sign anything and this is a verbal agreement, you pretty much have to do what they say unless it's so bogus that it wouldn't hold up in a court of law.
Not all places are the same...some have different rules than others. Take a look at that contract and see what it says. In most cases, you would just have to pay a penalty for breaking the contract, not the entire 7 months.
2007-12-19 17:22:48 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Trust me, you have more power than you realize. For example, did you know it costs your landlord an arm and a leg to evict you if you don't pay? So tell him you'll stop paying after next month. He can't force you to pay the remainder of your fee towards him, the only thing he can do is evict you... and if you volunteer to leave, there won't be a problem.
It may be messy, but arm yourself with the knowledge of your rights as a tenant, because you know he will know his rights as a landlord. Good luck!
2007-12-19 17:22:06 · answer #7 · answered by Anonymous · 0⤊ 0⤋
You can find someone qualified to take you place.
If you need to leave then your landlord will have look for a new tenant. And you will owe the difference.
Your often not responsible for lease payments after the apartment was reoccupied. If it takes 3 months to find a new tenant then you would owe 3 months of payments.
2007-12-19 17:49:22 · answer #8 · answered by Bumblebee 4 · 0⤊ 0⤋
find someone to pick up the rest of ur lease time. Advertise in the locak paper. Or sub least it, if he wants to b a jerk (check ur lease first). Or stick flyers up in ur local stores house for rent. Good luck
2007-12-19 17:24:28 · answer #9 · answered by STUMPY 1 · 0⤊ 0⤋
I should think there must have been a clause to give a month's notice in lieu of one- month's rent in the original agreement. Just check it out and offer the notice or waive one moth's rent. Good luck
2007-12-19 17:24:32 · answer #10 · answered by Blach Afrika 3 · 0⤊ 0⤋