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4thtennenbaum | Breaking a lease without the contract having lease breaking terms? |
My rental contract doesnt have any terms for breaking a lease. I asked at signing and they said "we don't want people breaking their lease", so they gave me a 6 month instead of a 12 month.
It seemed highly unusual, but it's condos that couldn't sell and they started renting, so they are a little clueless on rentals possibly.
Typically it's one month rent forfeitted on breaking a lease, right? And a 60 day notice?
(Also, my rent is at a discounted rate, so it's actually $300 more. I couldn't see breaking a lease with 4 months to go and spending $4500 to break it)
Are there legal rights or rules regarding these things? If I am relocated for a job out of state? Do I hope they are nice and are willing to negotiate? Just wondering about others experiences or legal/state laws... |
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jlf
 |
If the lease is silent, then state landlord-tenant laws apply. |
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reenzz
|
When a lease is silent on a termination fee, state laws apply. Most states require that you pay for the full duration of the lease or until a new tenant is found to replace you. You will also be required to pay any concessions (discounted rent) back should you fail to complete the lease. |
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efflandt
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It is normal to owe the remainder of your lease, or until the landlord finds another tenant to lease it to. But web search landlord tenant laws in your state (or country). |
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Janet P
 |
The legal "rights" in this situation is that you owe for the remainder of the term if you break the lease. The norm to add to a lease is 2 months rent, but there is no legal requirement that they allow it to be broken at all. |
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Mr Placid
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It's typically "breach of contract" damages.
That means the landlord may sue you for the costs they are actually out as a result of your breach of lease. On the flipside, the laws of most states require the landlord to make a good faith effort to miinimize losses caused by a breach of lease. That means the landlord must make an effort to find a new tenant if a tenant breaks a lease.
So, at the high side, you could potentially be liable for the entire rent for the remainder of the lease. On the low side, you could conceivably be responsible for zero, if the landlord can find a new rent-paying tenant immediately and thus does not lose any rent. |
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Christy
|
If silent on a lease break, you have 2 choices. Negotiate a lease break fee or face the consequences of the lease break.
A lease break fee is normally equal to 2 months of rent plus the normal notice requirement in your lease. (You might be able to use your deposit as part of this fee if the LL permits it.) You negotiate this fee with the LL or management. If they accept, get a signed release relieving you of the obligations of your lease
The consequences of a lease break are many. Most state laws do require the LL to attempt to promptly re-rent to relive you of continued rent payments. (But there are at least 10 states whose laws say the LL has no obligation to do so. In those states you're on the hook for the whole lease.)
You will owe rent until the unit is re-rented, advertising fees, agent fees if they use one to find a new tenant, any unpaid utilities you owe, and any other non-reimbursed costs the LL suffers because of your lease break. You will have to pay back any rent concessions or discounts you received throughout the leased period. If you fail to pay these costs, the LL can sue you for these monies and the judgment will go on your credit report.
There are no special exemptions for a lease break for being transferred to a new job. The only exceptions are for active duty military personnel who are deployed or reassigned (Fed. Service Members Act), people who become disabled and the unit cannot be made to accommodate their needs (Americans with Disabilities Act) , and in some states victims of domestic violence (local laws). Anyone else is not permitted to break a lease. |
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