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sf_2005_mv | How to get out of the lease? What can landlord do if I move out without paying the rent? |
I had a lease to rent a house for 1.5 years till June 09. But I bought a house and need to move out. Three month ago, I asked the landlord through her agent if I can get out of the lease. She told me that there's no problem to get out of the lease verbally and it works out fine because the landlord can find new tenants at a higher rate. So I was not worried. Now at the last minute, she told me that I can not get out of the lease for another 8 month. She put the house on the market and she's not interested in even looking for new tenants. I made an offer to pay the rent till the end of the year but she rejected the offer. If I don't pay the rent, she can not evict me because I will be out anyway. Whatelse can the landlord do? Will she take me to the court for the rest of the rent?
Additional Details
I will be willing to be responsible to find someone else to take over the lease. The owner is putting me on the spot too. If she had told me that we can not get out of the lease because she's not interested in finding other tenants, I would have planned accordingly. It's not fair for the owner to change her mind a week before I move out. The house was on the market before I rented. I know she wants to sell but on the contract, she promised not to sell it till our lease is up. So she's violating the contract too by making me pay till she sells it or till the lease is up. I am planning to ask her to let me sublease the place. If she doesn't agree and will sell it before then, she has to come to some mid point too. |
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Xai
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I'd take you to court. This is someone's life you're playing with. If you don't pay the rent, she might not be able to pay the mortgage. That could lead to her having a ruined credit rating, a repossessed house and any number of issues spiralling down from that affecting her and her family. It isn't fair to just drop someone in it like that.
You signed the lease, you knew how long you had to pay it for. People have no respect or honour anymore. It's your own fault if you went and bought a property knowing you still had nearly a year left on your tenancy agreement. You should suck it up and pay what you owe her. How would you like it if someone dropped you in the financial poo like that? |
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BARRY B
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The answer is contained in your last sentence. You need to think very carefully about the consequences. You are solvent, buying a house, so you are worth suing for the outstanding rent. You entered into a legal contract and the court will find against you. You will have court costs to pay on top, maybe her costs as well.
I assume there was no 'break clause' in the agreement. If there was you can end the contract accordingly. if not. I advise you think again.
Maybe you could rent your new place out for 6 months. But make sure you do a proper job agreement wise, best through an agent to be sure. |
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Gertie
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Yes she can sue you for the remainder of the lease until she finds someone to rent the place. You should have got it in writing that she was allowing you to break the lease. |
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gafpromise
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She can definitely take you to court for the rest of the rent. Sounds like the agent didn't really check with her. This is a reason to get everything in writing. You have made an offer which seems very fair. And the landlord does have a duty to mitigate- she must be looking for another tenant to take over the lease. If you could find a sub-lease for six months that would really help too. Document everything, only communicate in writing, keep copies of everything. If she does take you to court, the judge will see that you were trying to be fair and reasonable, and may come up with a fair solution. |
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schwildcat1977
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Your first problem and mistake was that everything has been verbal. Had you gotten the first agreement in writing, you could have her to it. In real estate, nothing not in writing stands up in court. Take this as a lesson learned and always get everything in writing!!!!
Now with the situation what it is: she does not have to let you out of your lease, sublease or anything else. You signed a lease for a certain amount of time and you have to pay the consequences for breaking it. If you do not pay the rent till the end of the lease as requested, then she can file in small claims court and get a judgment against you. It may not be fair but she technically has the law on her side since none of the agreements have been in writing. And if the agreement to not sell was also not in writing then it is completely immaterial as well.
EDIT: Some of you are obviously not reading her entire question. There is obviously no agent, company or landlord involved here. It is just between her and the owner. And she already stated that the owner will not agree to subleasing because she wants to sell. Don't answer if you are not going to bother reading it all! |
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Having fun in Cali!
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I would read over the lease you have very carefully. Be sure that the lease didn't expire after the first year, and you both assumed it was valid for a second. Most leases state that at the end of a lease it goes to a month-to-month, with 30 days written notice sufficient for either party.
Also, read the lease carefully to see if ther eis an "out" clause for purchasing a home.
Also - what about perhaps instead of purchasing the house you are interested in, purchasing the one you are living in. You wouldn't have to move....some people are ok with that, others want out. :)
The bottom line is though, if the lease is valid for specific dates beyond your planned moving date, and there is no out clause, you are liable for the remainder of the rent. Many leases have a stipulation that if the lease is broken early, the tenant must pay the remaining balance due, others only a partial amount.
If you do move, and still pay rent, you can make the landlord selling the hosue very difficult though, as most states have laws where the landlord/owner must give you written notice to show the home, they need your permission, you can say no to a sign in the yard, etc. You can actually make it difficult for them - installing a burglar alarm is one way, as the landlord in most states can only legally enter a unit without permission of the tenant only in cases of emergencies (fire, water flooding, emergency repairs, etc).
Good luck with it. |
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stutuarima
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Unfortunately, you signed a lease...it is a binding contract between you and the landlord. Verbal agreements do not stand up in court, therefore any agreements must be made in writing at all times. You are on the hook until the end of your lease agreement. I would check with your local tenant/landlord office to see if you are legally allowed to sublease your place. If your not allowed, your only choice would be to rent out your new house and stay in you rental until then of June. If you do rent it out, make sure they sign a lease agreement. Do not do anything verbal! Hope this helps. |
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Jeramy
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Sounds to me like your being screwed. Your landlord wants you in the house until it sells, so she wants to keep collecting income on the property. I would talk to her agent about maybe subletting the property out to someone else. Although if this person faults it will still be your problem. So landlords are easy to get along with and are understanding, others are well let's say greedy assholes. So if you feel like your leasing from a greedy individual then think cafefully about moving out. Your best option in my opinion is leasing it out to someone else with the landlord and agent. If they will not go for this contact a lawyer and just ask questions, I am sure there will be a cheap effiecent way out of the lease.
Good luck and congrats on your new house! |
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Mr Placid
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If she said that it was no problem to release you from the lease, then you are not responsible for the remainder of the lease. But, your problem is going to be proving her statement in court when she sues you for unpaid rent. You really should have received that acknowledgement in writing.
So, let's presume that verbal agreement does not exist, and you move and pay no more rent. She will generally be obligated to mitigate her damages, that is, take resonable steps to find a new tenant. Thus, if you move, and she sues you, here is what the judge will be looking at: a landlord who did not even attempt to re-rent the place, and a home that is (presumably) now listed in MLS. What do you think a judge will award after seeing such evidence?
Also, you do not need her permission to sublet unless it specifically so states in your lease. Even then, a landlord is generally not permitted to arbitrarily withhold permission to sublet. So, if she outright refuses your sublet, then that fact will weigh heavily against her if she sues for unpaid rent.
If you want to be unconventional, you can just stay there while she is trying to sell the property. Be as uncooperative as possible with her efforts to sell the property. Eventually, she may give in and agree to let you out of the lease amicably. Then, be sure to get it in writing. |
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