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spenneberg | How can I get out of my lease in Indiana due to a new job in Florida? |
My husband left on Frioday last week to start a new job. The kids and I aren't going till end of June. I am giving my notice on the 1st that we will be out at the end of June. I plan to pay June's rent and to tell them to send me a bill for whatever I owe. Im sure we will owe the free month that we received when we moved in...but can they charge me fro the remaining 9 months on my lease? Is there a thing in Indiana where you can legally get out of your lease if you have a new job that is so many miles away?
Additional Details
I have read and re-read my lease over and over and I can't find anything about this! |
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Craig T
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Sorry, you are liable up to the entire remainder of the lease. They do have a duty to try to re-rent the place to limit (the legal word is mitigate) your damages but simply placing an ad is sufficent in the eyes of the law.
Speaking of the law, if the poster argy thinks he is so knowledgable of the law in this circumstance. I would like very much for him to provide us with links to the parts of the law that support his statements. As a LONG time landlord who happens to have a brother that is attorney with a specialization in real estate law as well as having actual experience in court with the same and similar set of circumstances(which I won every time btw) I feel quite confident in saying argy is wrong.
Well argy, would you care to elaborate for us WHERE in ANY of those links it says that a landlord has to let you out of your lease if you get a new job in another state? In fact, other than for habitability issues, where in any of those links does it provide for a tenant to force the landlord to end his lease early? Where does it give the tenant the right to break his CONTRACT to the DETRIMENT of the other party to the contract?
You are also wrong on your claim "Landlords can terminate a lease for just cause, too, like a need to sell or rent to family" If sold, the buyer MUST honor the lease and cannot force the tenant to move before the end of the lease period. As to the latter, just because I want to rent a unit to a familay member I CAN NOT terminate a tenant's lease before the rental period is completed. |
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acermill
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If there is no indication of early termination costs in your lease, then you ARE bound to the entire term of the lease until the landlord re-rents the unit to another suitable tenant. Be aware that the landlord is allowed to add the costs of re-rental (cleaning, advertising, and showings) to what you owe because you did not fulfill the terms of the lease you signed.
No, there is no 'out' in Indiana (or any OTHER state) for such early terminations. The only exception in some states is when active military members are re-assigned to another post.
And I must agree with CraigT. "Argybargy' is rather clueless concerning landlord tenant laws. I am NOT clueless, since I teach real estate contract law at the state level. |
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estielmo
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You have a contract that they are in their rights to fully enforce. The key is to negotiate the termination. Otherwise he may sue you, win a default judgement and have a court order that may come to bite you later.
Talk to him. Simply say you are gone as of June 30 and you want to leave as cleanly as possible.
Most people (landlords and tenants) seem to ask questions here without reading the lease. A properly drawn-up lease cover most circumstances.
Unlike what one answerer says, leases CAN be more demanding than state laws, providing they are still within reason and willingly agreed-to by all parties. If they couldn't, then no lease would be allowed to exist that wasn't issued by the State.
For instance, my lease restricts barbecuing on the wooden porch, and requires all adult tenants to pass a credit/criminal background check. Neither of these is addressed by my State's landlord-tenant laws. |
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ibu guru
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A new job or relocation is not grounds for terminating a lease anywhere. Only death terminates a lease during the term unless there is a clause specifically allowing early termination under some specified condition(s).
Negotiate with your landlord. Offer to pay for advertising the premises and helping to find a new tenant if they will let you out of the lease with 30 days notice. The landlord has every right to refuse and make you pay out the balance of your lease. So be persuasive (not manipulative), helpful, professional and negotiate well. And make sure your place is immaculate! |
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onandonandonanon
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Read your lease, there should be a provision in there about it that will tell you what to do. |
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April Dawn
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I am a property manager in Indiana and my lease has atermination fee of 2/3 remainder of the lease or 2 months whichever is GREATER of the two. Term fees don't matter if they release the apartment or not. You need to contact the manager at the community you live at and speak to her directly. Don't sit here and worry/wonder what you owe take an active roll and call. |
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frak1a12345
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I am unaware of any state that allows you to terminate a lease without liability because of a relocation to obtain work. They will probably try to hold you responsible for the balance of the lease. There may be language in your lease that allows you to pay a penalty and cancel the lease but you will have to read it carefully. Also, they can't hold you financially responsible past the time they rerent your unit and they must make a reasonable effort to do so. |
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goz1111
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Each party to the lease agreement will have a legal duty to mitigate ones damage if you break the lease, this means the landlord can not just sit on their hands and do nothing for the next nine months left on the lease,
the landlord must take reasonable steps to re-rent the unit in a timely manner, during this time you are liable for rent and advertising cost, until the unit is re-rented |
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webcrafter
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My first reaction is that you are responsible unless the landlord can get someone to lease your place or you get someone to "assume" the lease with the landlord's approval (credit check, etc.). Since each state is different, here is a link you can check: http://www.in.gov/legislative/ic/code/title32/ar31/ |
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L.K. Duh
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Any lease that does not include a termination clause for BOTH parties is not a valid contract and can be fought in court. Leaving to take another job is absolutely a valid reason for breaking a lease. You cannot be held prisoner in this apartment just because a landlord wants money.
Courts and the law recognize that life happens, and there are many reasons you can be forced to move. Landlords can terminate a lease for just cause, too, like a need to sell or rent to family. State law determines all of this, AND ABSOLUTELY NO LEASE CAN BE MORE RESTRICTIVE THAN STATE LAW. Got that, you other answerers? My god, you'd think signing a lease entitled a landlord to hold you in indentured servitude.
Your landlord cannot charge rent after you vacate, because you have turned over the keys and the landlord is not providing any service to you. It would be illegal for the landlord to charge rent if you are not there and have relinquished the property.
The landlord is entitled to penalties ONLY if specified in the lease. If your agreement does not state what those penalties are, then the landlord cannot make them up as the situation arises.
I think your assessment is accurate. The free month was only if you stayed the full term (did the offer say that in writing?).
I recommend you explain in writing why you are terminating early, and ask in person to have the landlord do a thorough pre-move walkthrough so you can come up with a list of items to fix, clean or replace before leaving. Send the landlord a copy of your list with the understanding that if you address all the items, you will expect to get your deposit back.
This works very well for getting your whole deposit back.
As always, state law defines landlord/tenant situations. Start there if you feel a fight coming on. Indiana courts have supported "Acceleration" and "Savings" clauses in leases. That means if your lease states the landlord can be paid for rent after you vacate, then the courts have upheld these leases. Why? Because they were in the agreement you signed before you moved in.
You stated your lease does not have these clauses. Thus the landlord is not entitled to that rent after you leave. Our professor friend and our landlord friend down below ought to have read your question much more carefully. |
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