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Ash | Renters Financially unstable? |
Hello
So one of our roommates left us to join the army leaving us with an entire year left on our rent. Our landlord is unwilling to let us out of the lease, but we no longer make enough to pay for the house and there is no early termination clause in our lease. Is there anything we can do to force him to let us out of the lease because of this? |
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Judy
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No, but see if you can find another roommate. The landlord would probably have to approve the person. |
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Lucia in Iowa
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Nope. You signed your life away when you signed that lease. Suck it up. You better get another roommate fast and/or get a couple more jobs until you catch up. Been there, done that. It sucks. You're not a true American until you juggle 3 jobs a week. I only did it for a few months and that's ALL I did those 3 months, but I got out of debt quick and feel really good I accomplished it! Good luck. |
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ibu guru
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Military transfer to a base lets him out of the lease. End of that story.
The rest of you either pay up the rent, or you find another roommate who meets the landlord's approval. |
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Trouble
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You cannot force the landlord to let you out of the lease.
There is no legal obligation for there to be an early termination clause in a lease.
You can find a replacement roommate. The landlord will likely have to approve the replacement.
As already stated, you & your remaining roomies are pretty much stuck. If you break the lease, expect it to cost you $$$$. If the landlord has to sue you & your roomies, the cost will go up considerably and it will affect all of your credit as well as the ability to rent a place for quite some time.
In most states (NOT all states) the landlord has a duty to mitigate his damages if the tenants break the lease and move out. This means that the landlord must make a good faith effort to find replacement tenants. However, the landlord can still hold you & your roomies liable for the rent until either the lease expires or a replacement tenant is found, whichever come first.
The landlord can also hold you & your roomies liable for any costs he incurs due to your breach, such as, but not limited to: advertising costs, agent fees, attorney fees, court costs, legal fees, damages, etc.
There are states that do not require the landlord to mitigate by law. The landlord can simply allow the rental to sit empty and hold the tenants liable for the rent until the lease expires. |
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