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courtney! | Should I break my lease? |
My landlord just raised our rent from 450.00/month too 515/month. my fiance and I cannot afford it right now and we are in the hole with some other things about 300.00, I do not see us making this work at all, and my parents have offered us a temporary place to stay until we get back on our feet, all we would pay for is grocerys and about 40.00 for rent each month. We do not have a car right now because ours died on us and it would help a lot with saving up for a new car. Also we pay all utilities including rent so it ends up being about 675.00/month. How can I go about breaking the lease, without having a lot of problems?
Additional Details
read over the lease lastnight, it says nothing about being aloud to raise it or not being aloud to raise it. However I agreed to pay 450/month and that is that. I am sending in a notice tomarrow stating that I am leaving. Thanks for the help! |
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Kavasa
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Unless there is a stipulation in your lease about the landlord being able to raise the rent as he so chooses, then HE just broke it. When you signed the lease you agreed to pay 450/mo, not 515. That is a significant difference, and you should be able to opt out of it.
Read over every inch of your lease to see what it says about raising rent and even consult a lawyer (if you can find one for cheap or free). It seems like you've been backed into a corner and I would break it if I were you-- but be careful because if he can legally raise the rent without making you sign a new lease he may be able to come after you in court.
I had to break a lease over a year ago because I was allergic to the apartment I was living in. After trying to contact the owner for 3 months (every possible way) my husband and I left. He never persued us, but kept the security deposit.
Good luck. |
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John E
 |
First ask for a copy of your lease if you do not have one already. Most leases will have it written out exactly what is to occur if the lease is broken. Normally there is a penalty of 2 month's rent plus forfeiture of any security deposit. Make sure you read over everything carefully and ask questions of the landlord if you don't understand. You don't want to get yourself in even more debt by not understanding the consequences of breaking the lease.
The landlord has the right to increase your rent at any period of time during the lease if it is stated in the lease that he has the right to do that. |
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rodriguez m
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talk it over with the landlord, maybe he can figure something out. that happen to me. i left my ex bf , but i waited until he found another roommate. the landlord was fine with it. he took my name off the lease. he said it's ok that there is no problem. good luck. |
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MrsMagee
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I dont think you can. Find out exactly what to do from the landlord. they may let you sublet the apartment if you can find some one to take over the lease |
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freeofbulimia
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For your landlord to raise the rent, he or she would of had to give you a notice, like 30 days before they can legally raise the rent..on a month to month lease.. which, if you give your 30 day notice, you can break this type of lease because its monthly. If your on a six month or one yr lease, the landlord cannot raise the rent while your locked into the lease that protects you with the amount you both agreed upon. Technically, you can break any lease if you give them notice and a real reason.. most will try to help and your liable for the loss of rent until they re-rent again. Find out your rights within your state and google it for more info. |
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Moosey
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how was your lease written...that the price could go up? if it isn't and you signed on it...then they can't raise it in the middle. read your lease. if it does say it can go up in the middle of a contract, then you will have to pay the lease termination fees and forfeit your deposit |
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bainaashanti
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Does it say anything about rent increases in your lease? You may want to call the housing court in your area, in Cleveland, they have specialists that can answer questions like this. They can see if your landlord may have actually gone against the lease by increasing the rent, or not giving the proper notice, or something like that. Just check it out before you go through the headache of moving, or find yourself in eviction court for breaking the lease! The other thing is, if you do break your lease, you may be held responsible for paying the balance of the lease at the new price. All of this could end up on your credit and keep you from being able to rent later on. |
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proudmommy
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You should read your lease to determine wether when you signed the contract, it stated if the rent could be raised. I do know there are different laws in every state, but I have found a site that could possibly help you find out what the laws are in your area. In some cases, you may have to pay the rent until your landlord finds someone to take over on your lease. I would be careful, so you are not stuck with even more financial responsibilities that you cannot afford. I hope that you find the site I have listed below to be of help to you, as laws vary by state. Good luck!! |
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organbuilder272
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If you have a lease the rent cannot be raised unless there is an annual increase agreement in the lease.
You can break the lease but you should do it in a manner that leaves everyone happy otherwise you are in for some trouble and lost deposit.
Make sure that you give the landlord written notice at LEAST 30 days before you plan to leave. Make sure you take photos of the place before you leave and that it is clean with nothing damaged or broken. The landlord cannot penalize you for 'Normall wear and tear". Give him you reasons and make the nitice short and to the point. There may be a penalty for breaking the lease before the term is up but you will have to live with that.
What your parents have offered have nothing to do with breaking the lease so don't drag all that into it. You cannot pay the rent and you cannot affort an increase. You have to get out and that is it. Keep to the point. You don't have to tell the world your life history. |
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mar_macgillivray
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You've got some good advice here; check the lease and make sure you understand the conditions for the rent going up. Speak to the landlord - most landlords want a trouble-free life with tenants who pay on time, so you might well find that yours is slightly grumpy about losing a tenant, but equally happy that he's not going to have to pursue you for rent which you can't afford.
While you're living with your parents, you should save the $400/month you're not paying to the landlord so that you get together some capital to maybe buy a small apartment. If you decide to do this, for goodness sake be sensible and get enough capital behind you so that you have a big deposit on an apartment. In my youth, the maximum amount that a bank would lend was 3 x salary. So, if your annual salary is (say) $10,000, the maximum loan would be $30,000. Don't be tempted to take out a mortgage that's too big for you because, as you've already found out, there are utility bills and insurance to pay.
Cars are convenient - but they're a money pit. Not the best investment when you're setting up home together.
Best wishes - hope it all works out.
M |
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turkeyjerky
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Talk to your landlord. Each has different policies for lease-breaking. In my experience, they typically require a full month's rent to break the lease. It sounds like living in the place your parents have offered would definitely be beneficial right now. |
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man_marathon
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the landlord violated your lease,just tell him you are gone or you will hire a free attorney |
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Adorable Love
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Do you have any responsible friends that need a place and can afford the rent? If so have them sign a contract that states they will pay rent. Or you could advertise it. Breaking your lease comes with major consequences that doesn't help your credit. If you just have to break your lease make sure you have the money to do so. To break my lease it would've been 2500, so I subleased (To my Friend). |
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howie r
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they can't raise your rent during the terms of a lease. so if they are raising it, it must mean the lease is up for renewal. so you won't break it you just won't renew it.. give notice and move. |
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herman7spooky
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what ever you do, don't go live with the parents.
anyhow your landlord cannot change the rent if it is in a lease until the lease expires. |
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Nickel
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Well, I won't lie. You are going to have a few problems if you break the lease. Nothing you can't overcome, though. What I'm wondering IS - if you area "breaking" the lease, then how was the landlord able to raise the rent? Doesn't the lease have a specified amount per month listed on it? Most of the time when the landlord raises the rent, he or she must wait until the lease is up before doing so on the new lease.
Either way, if you can't afford it you can't afford it. Try talking to the landlord - probably won't help. I've broken a few leases and yes, it haunted me a little bit, but I'm not the LEAST bit sorry about any of them. The next time you rent you might have to pay more deposit, but no huge big deal. Life's too short. |
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Farrah D
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just go an get you another apt right now so you find somewhere else to stay for cheaper so you want have to worry about no eviction on your name. |
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eschewdefeat
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Yes. I remember a lease breaking party in Boston many years ago that involved making a beach out of the place. Everyone brought sand. We had a cookout in the living room and danced on the roof. Good times. Good times. |
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