How to get out of the rental lease legally?

Question

I signed a lease to live in a 1 bedroom apt for 6 months. After I moved in, I realized that the apt is too small for us. Plus the apt is on the first floor with 4 AC machines right outside of my window. It was very noisy at night. I did look at the apartment before I signed the lease, but that was a standard unit of 2 bedroom. They said that they don't have anything 1bedroom available to show me then.
I spoke to the apartment manager couple of times that I want to switch to a 2bedroom and upstairs apartment within the same complex. However, she said I already signed the lease, and I can't make any change untill the lease expires. So far, I only lived here for about 3 weeks. I said that I want to breach the lease and move somewhere else, she said that I have pay off all 6 months rent to do so.
What is the legal resolution for this?

Answer 1

no. you signed a LEGAL agreement that you would pay them 6 months of rent. most apartments don't have a "if you're unsatisfied, you can leave whenever you want" clause. they wouldn't make any money that way. also if you do break the lease and pay the 6 months rent you will STILL have that breaking of the lease on your renters record. it looks really bad and can sometimes lower your credit. you'll be less likely to get approved for another apartment.

Answer 2

None of the conditions you mentioned warrant excusing you from your lease obligation -- especially if you refused to view the unit before signing the lease. You should provide your written 30-day move-out notice immediately, so the landlord knows you're serious about vacating.

Since you're breaking the agreement, you'll need to politely request without attitude (after all, they will be doing you a favor), if you can sublease or re-rent your unit. You'll also want to post a rental ad on craigslist and your local paper and attempt to either re-rent or sublease your unit. The management may be willing to work with you to re-rent the unit; however, you're still liable for turnover/cleaning costs, concessions provide to you, concessions provide to the new tenants, and any other lease break fees they specify in the rental agreement.

Check your state and local laws, state bar, and any other tenant resources (legal aid) available regarding rental agreements. Some states require landlords to make a good faith effort to re-rent a unit even if the tenant is breaking the lease. So, even if you move-out without paying the remaining six months of rent, the landlord may be still be obligated to rerent the unit and credit rent received from the new tenant.

Good Luck

Answer 3

The best way is to come to a written agreement with the apartment manager. If that does not work is to sub-lease to another renter until your lease is up. First read the terms under your lease and make sure there is not a clause against sub leasing.

Answer 4

Most bar associations can refer you to a lawyer who will give you a half hour of free consultation.

The noise makes it uninhabitable. You may have additional causes.

Obviously the apartment owners and managers are much more skilled at this game than you are. Live and learn.

Answer 5

The legal resolution to this is to pay the entire 6 months rent as agreed to in the legal document you signed to live there.

Unfortunately you'll have to deal with it for the remaining six months. If you don't like it you'll just have to send a 30 day notice to vacate at the end of the lease term.

Answer 6

Not much. You signed the lease. The landlord can hold you to the terms of it. If you move out early you'll be liable for rent until the expiration date or until the landlord places a new tenant unless your lease says otherwise.

The landlord COULD agree to let you move to another unit in the complex if you both agreed to it but if he or she refuses then you are stuck.