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Got Stronger | Can not paying your rent get you out of a lease without paying the remaining months? |
I want to break my lease 4 months before it expires. I want to ask my landlord to get me out of the contract early, but am afraid he will say no. So I feel that I should owe him some rent and have him force me out while I sign a new lease in another county...would that be the best way? |
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Gerald
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Stick it out for 4 months. The penalty and cost is more than you think.. Your gona lose 4 months rent and the rent deposit. Since he seems like an experienced Land Lord you will be in court forced to pay... Bad credit rating make sure you will not renting at your next location...Bad risk... |
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Landlord
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No, once you are evicted your credit will be ruined and you will still owe him all of the money, plus the court costs.
Some states will give the landlord additional interest as well.
The best way is to ask him what he wants to let you out early. The standard fee is 2 months rent. |
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acermill
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No. That won't work. Your lease is a legal and binding contract. Failure to pay rents is a violation of the contract on YOUR part, and does not terminate the landlord's right to collect the unpaid rents. You need to try to negotiate an early lease termination with the landlord.
If you do not do this properly, expect to find a small claims action against yourself, and then you won't find ANYONE willing to sign a new lease with you. |
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bud68
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No. It will get you evicted, your credit ruined, and likely sued. |
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monicanena
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No way. You'll be evicted, ruin your credit and STILL owe the back rent. |
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Pete
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Well, as stated...a lease is generally pretty binding. Even if there are some "technicalities" lying around in there, you have an implied contract established by paying the rent in the past...meaning, you aren't gettin out easy.
Not paying the rent will result in an eviction, which can end up on your credit report very quickly. I would not consider this an option.
Depending on the state you are in, there may be some options as far as getting out of the lease. You might consider finding someone to take over the lease for you.
Also, don't be afraid to ask the landlord for a break. Even if it is just for a month or two.
To be honest, you will be MUCH better off by simply leaving, than not paying and getting forced out. If you simply leave, the landlord's only recourse is to sue you.....which he may or may not have the resources to pull off. It's a dice roll, but you will come out better than if he evicts you...in an eviction, he can STILL sue you for the back rent, and your credit report has an eviction on it.
Whatever you do, do not force the landlord's hand on an eviction. Like I said, if you do anything drastic and stupid, the most it should be is straight up leaving. |
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Bad Answer Queen
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Just a question, but has anyone ever been really sued for this?? I hear it all the time, but have never seen it come into action. I know I have broken at least one lease without permission and havent gotten an eviction rating on my credit or sued and the property was managed by a major real estate company. I firmly believe it is scare tactics.
On the other hand, putting the tactics into play....do you want to risk it? |
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☆skyblue
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Don't do that! I'm in a similar situation. I'm currently renting an apartment and started house searching 6 months before my lease was up. I purchased a house immediately and wanted to move in. Knowing that I still owe 5 months rent, I talked to my apartment landlord and he said that I only have to pay until he finds a tenant for my apartment. As it turned out, he found someone right away. So, I got out of my lease early and owe nothing to the landlord. |
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estielmo
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You must simply be honest and say "I AM moving on July 31, now let's talk about the terms we can both live with, because as it stands now on that day I am gone,moved out of state and you will have no money from me and no way of getting more. Let's make an agreement. How about two months rent as a penalty?" |
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mageta8
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Your Landlord will evict you...you will end up paying court fees and the remaining rent regardless...your credit will be ruined...if you don't pay now they will get a court order and you will be garnished your wages until it is paid in full. I would talk to him and tell him your situation. You might be charged a hefty fee to break your lease but it will be a lot cheaper than if you let yourself be evicted. |
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wilderwriter
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No, he could still take you to court for the remaining rent. Also, the new landlords very often check with past landlords, which could make it difficult to get a new place. |
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src50
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You signed the lease, correct? You obligated yourself contractually. If you now want out, be an adult, take responsibility and approach your landlord to see if you can work out an early lease termination. |
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new nanna
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You are being unfair. Put the shoe on the other foot and think how you would feel if your landlord played nasty to get you out so he could move someone else in. Why do tenants want everything their own way. If you signed a tenancy agreement, you have to honour it. Your landlord should take you to court in order to recoup his losses. Your tactics are unscupulous and you should be ashamed of your way of thinking. You must think your landlord does this job for a joke and has nothing better to do. |
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MM C
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If you really want to move before the expiration of the lease, talk to your LL to see if possible to find someone to replace you. Your LL may say no because he doesn't want to do the work. But if you go find someone to fill out application and let him qualify the new tenant, he may be O.K. Communicate well with your LL so there's no misunderstanding in between. Your situation is very common and usually can be solved without any problem. |
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Expert Realtor
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No, that just gets you evicted and sued. |
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