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treci | I gave my landlord a 6 month notice that I have to break the lease? |
I can't afford to stay in this rental home thats $1300/month? I gave my landlord a 6 month notice. What can he do legally to me? Besides, there are things that are broken that he won't fix because in the lease he said I have to fix everything. How can I get out this lease it was for 24 months and I can only afford to stay 13 months. |
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prozaciswack
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The lease you signed should say what the penalty is for breaking the lease. Sometimes you can get out no problem just by giving an advance notice (which it seems you have done). Other times they will just keep your deposit and give you a date to be out by.
There's no simple answer to this as it entirely depends on what you signed. It's very possible that you are responsible for repairs assuming they were your fault. If they were not your fault I don't think you can be held responsible for them whether you're breaking your lease or not.
There's lots of tips and advise around the internet on how to deal with breaking a lease to just read your and see what you can do with it. |
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Realtor in CA
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You better have a real estate attorney look at the lease. Without seeing the details, it's impossible to know how you can break it.
The simple way is to have the landlord agree that if you find a replacement renter that qualifies, he will rent to them and release you from the lease. Get it in writing!
Review the lease for who is responsible for repairs. No lease can force you to replace a roof if it leaks, which is what you are saying. Most leases allow the tenant certain dollar limit to repair, but he cannot force you to pay for things that are not normal wear and tear items.
Besides, who in their right mind would agree to repair everything? Whay you are saying doesn't sound right to me. |
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Paula M
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Many states prohibit 24 month leases unless very specific criteria are meant.....
You might as well move in 30 days....give him notice again (in writing via certified return receipt requested.).....do the exit walk-thru and spotlight the broken things.....
Most states require landlords to make good faith efforts to rerent the apt to mitigate damages.....he can't sue you until he knows the actual damage amount (the time the apt actually sat vacant)....
Nor are landlords allowed to double dip....he can't sue you for rent covered in the Lease if he gets a new tenant in there for the same months...
Never ever sign an extended contract again....and make sure the lease specifies "what things" you are to fix.....I would never trust a tenant to make repairs to MY PROPERTY.....that is crazy.
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Nancy
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Take time to take a breath and ask the questions first before you jump into action; did something happen that you cannot afford your apartment? You can break a lease, but leases are also legal documents - some of the things LL put into a lease may or may not be legal - and it depends on the state in which you live.
This is what I would do; call legal aid or the welfare office to find out what my legal rights are as a tenant; I think I would sit down and talk openly w/my LL about my financial situation, and my fears that I can not afford the apt; sometimes, LL will negotiate with you; however, you do not want to go into debt if you can help it. Always pay what you can as soon as you can, however, if you are served papers to quit or demand for rent - this bides you time to A] get your money together or B] plan to look into a new place to live. You do not have to evacuate the apt after receiving a demand for rent; in my state, they give you so many days to comply, and if you do not, then they send a sherriff to give you papers to go to court, biding you more time; make sure you call the court when you get these papers - that is why I am telling you to find out what the rules are for the state in which you live. Then appear in court, this will give you more time. Can a LL hold you responsible for the rest of your lease? My guess is that you can not get blood out of a stone, and you may have to cut your losses and move on - BUT - make sure you seek counsel!! Know your rights and responsibilities - Most LL would rather you would be honest and upfront with them, they may let you out of your lease, they may even work with you to help reduce the rent -
These things 'he says you have to fix on your own'?? document them, take pictures, write letters and keep copies, certain things that are critical are usually the LL's responsibility, and in that case, again, know your rights- you have a right to live in a safe place. |
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gafpromise
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You should check your lease to see what the penalties are for breaking the lease. He could keep your security deposit and hold you liable for rent for the remainder of the lease term. I would talk to him and see if you can get a reduction. Or help him find a replacement. Once he has a new tenant paying rent then he can't collect from you any more. |
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wph00
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Your obligations are spelled out in your lease with him. I would strongly suggest you read it very closely. Generally speaking you are responsible for the rent for the total term of the lease unless your lease provides a releases. Even if you gave him notice most leases with still hold you responsible for the cost of the entire lease. In addition, any cost to the landlord to repair the house will be held against you. Your landlord most likely will go to court and get a judgment against your for the amount of the remaining lease and damages to the house that are other than expected normal wear and tear or not addressed in the lease agreement, sorry. You may want to discuss your situation with the landlord and see how he reacts. You never know he might relase you from the lease....if so get it in writting. |
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schwildcat1977
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The amount of notice does not matter when you are breaking the lease. The penalties are the same no matter how much notice you give.
Read your lease- it should state how much you have to pay to break it. They can also charge you rent each month till the end of the l;ease or until it is rented again. |
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odzookers
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You signed a very rotten lease, and some provisions may not be enforceable, such as you fixing everything. How could you sign something like that? Go to a legal clinic--you need someone who knows your state's laws. |
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HEATHER
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He can not charge you and other person for renting the home for the same period. So if you leave in May, and he has someone else move in in May, he has to let you off the hook for the remainder. I would try the nice approach first, ask him what you can do to help him lease up the house in May. Good time for people to be looking for a place as they graduate from college. |
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greengawin
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Be honest with him and tell him what you can do....tell him he can keep the security...what can he do? If he gets pissed just act scared....he won't go through the trouble of pursuing if he has that much notice?...Have any family nearby? |
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Down to earth33
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There is no way as long as they have you sighnature they have th right to screw you. It sucks but it happened to me and I took them to court with evidence that I was afraid for my life and I was still found liable and had to pay the remainder eaven though I wasnt living there. I would get a room mate or find some one to take over your lease! Good luck. By the way landlords suck! |
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Tiffany♥
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get a hobe |
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