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jam25ila@sbcglobal.n... | Do you think my landlord is being greedy? |
I am very upset that my landlord is taking my kindness for weakness. I currently live in a 2 bedroom condo. I am a good tennant that pays my rent on time. My lease ends on October 31, 2008. I am also currently buying a home which I close on June 16, 2008. I communicated with my landlord about breaking the lease. She refuses to negotiate on good terms. I don't have a clause on my rental agreement stating any penalties for breaking the lease. ( Lease was made by Landlord) I am assuming that it is left to the landlord to decide. She wants me to pay for the rest of the remainding months plus forfeit my security deposit. I feel this is very unfair and unreasonable. I been living here for a year and 7 months. My lender told me that I should get out of this situation ASAP and just clean the place up, send 30 day notice, and pay lasts months rent for June, since she is being unreasonable. She lives in florida, and the only thing she can do is take me to court. What do you suggest that i do? |
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Landlord
 |
Wow, you seriously need a differant lender. This one is either very stupid or very dishonest. Neither will be good for you.
You signed a legally binding contract. Contracts do not have to have out clauses. You agreed to pay rent until the end of the term. Period. You owe the rent.
However, your landlord is incorrect about your deposit. You do not forfeit it because you are moving out. At the end of the contract term your landlord has to return your deposit, which would be by the end of November. |
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Real Estate Guy
 |
Congrats on buying a home. However, it's not grounds to break the lease. You are responsible until the end of the lease. However, if you move, the landlord needs to make a good faith effort to rent the place and can only charge you the missing months that the place is empty.
I would give notice and pay June. You will lose your deposit, which is fair. You may get sued, but she would have to show that she tried to rent it and couldn't.
So, no the landlord is not greedy or out of line. |
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65% water
|
Your lender was utterly wrong. You are of course responsible for the entire remaining period of your lease unless your landlord will agree to release you from it. Your landlord, however, is not allowed to just keep the security deposit. The security deposit must be refunded in accordance with the laws of the state where you live.
The landlord does not have to negotiate with you in regard to breaking the lease, although it would be nice if she did. |
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sothere!
|
If you signed a lease then you are responsible for paying the agreed upon rent for the duration of the tenancy. There's really no way around that..
You can try to find a new tenant for your apt. Your landlord is fearful that the apt will sit vacant for a period of time and she will lose out on the rent that she was entitled to from you. That's understandable but if you have a new tenant lined up then she cant really complain.
I dont know why your lender would tell you to blatantly break the law. I dont know what state you live in but your landlord has an enforcable contract with you. So long as she has abided by the terms of the lease you simply cant walk away from it. She can sue you and she would win.
All that being said usually landlords calm down once they realize they arent going to lose money. The best option (if the landlord wont cut you a break and let you break the lease) is to find a replacement tenant. Have you considered subletting? |
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Wicker Park Wears
 |
Check your lease for the subletting clause. If you can, then do.
Your landlord cannot sue you for the remainder of the lease! If you break your lease, the landlord must make an effort to re-rent the condo. She will have to show that she ran ads and showed the apartment. She can only sue for the damages that will make her "whole." For example, if she loses one month's rent, that's all she can sue for or if she can only rent if for $50 a month less than what your lease states, she can sue for the $50/month for the remainder of the lease.
Try and sublet it. |
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Tim
|
You are responsible for th eremainder of the lease, until the landlord can re-rent the place. They are prohibited from collecting double rent.
Your lender just wants you to sign the loan, they are tottaly wrong in this case. |
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peter n
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In CA when you break a lease, you are responsible for the remaining lrase payments. However the landlord has to make a reasonable attempt to rerent the place so at to limit your loses. He can't collect double rent.
In your case, where the landlord is out of town, I don't know how hat will work out.. |
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src50
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If you signed a lease through October, you are obligated through October. You are NOT on a "month-to-month" rental. She doesn't have to let you break it and can indeed sue for unpaid rent. |
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reenzz
|
Your lender is not giving you sound advise. The only thing "unfair" or "unreasonable" about this is the fact that you signed a legally binding agreement with another party and you now want out.... without penalty. If the lease is silent on a clause to break the agreement..it is only because there is no lease break clause. How would you feel if in mid lease...your landlord decided that he didn't like you or he could get more money for your apartment from someone else and decides to throw you out? See leases work both ways...they not only protect the landlord...they also protect you.
Edit: Depending on where your property is located...the landlord does NOT have to make an effort to re-rent in order to minimize your losses. (such is the case in Florida) |
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Rebelfan33
 |
adam beaz you are correct. If the lease does not state it then it is month to month. Just went to court for this last year and i won. |
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chante
 |
I think your lender could give a crap whether you're left paying off your lease or not. He gets his and you can go screw yourself. You signed a contract, promising to pay the whole lease. You may negotiate your way out of this contract. If the other person in the lease does not cooperate, you don't have much say in the matter. Now laws vary by state. Some states allow 30 day notice, and some allow sublets. If your apartment is sublet and a new person takes over the rent, or if he gives them a new lease, your landlord cannot collect rent twice, and you are off the hook. You need to take these questions to your lawyer, and you should have done that before you signed the contract to buy a house.
p.s. I do not think your landlord is being greedy. I think he is trying to make you live up to your contracted obligation. |
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TTC#2 praying for a +
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A lease is a lease you cant break it, you singed it! if you moved out you have to pay for the remaing month!you try to take her to court but she has a good chance.well good luck! |
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AdamBeaz
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if the lease or rental agreement has not defined the penalty for break the said leas, i belive, in a court of law it wil be considered a month to month situation.
A month to month requires that you give a full 30 days notice in writing (mail it with delivery confirmation) and be sure to clean up really well and TAKE PICTURES.
This way if you do end up in court you will prepaired. |
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