Breaking a lease.... any advise?

coachklm

coachklm

Active Member
ok so i moved to montana... rented a house sight unseen... signed a 1 year lease.
paying 600/month w/600 deposit. 2bedroom 1.5 bathroom 1600sq.ft.
got contacted last week about renting this other house that is in a waaay better location and
5bedrooms + guest bedroom in library
2full + half baths
196 acres
and 5260 sq ft
and we got him dwn to 800/month from 1800/mnth
so my current landlord wants 2500$ to break the lease and we have to be out on the first...less then 2 weeks with half of the $2500 due on that date...
nobody on a teachers salary can afford that is that legal?
we told her we can do payments without a problem but 1250$ in less then weeks is impossible for us right now any advise?
 
hot883

hot883

Active Member
Try finding someone to fill the rest of the lease term. Subletting I think it's called. Explain to the Landlord the situation and see if you find someone that would be ok with them.
 
coachklm

coachklm

Active Member
Originally Posted by DragonZim
Does it specify anywhere in the leave that you signed what the penalties are for breaking it early?
nope nothing on the lease..
and she doesnt want to rent it anymore she just wants to sell it
 
bigarn

bigarn

Active Member
Nothing stipulated in the lease .... nothing owed .. worst case is they may keep your 600.00 dollar deposit.
 
tangwhispr

tangwhispr

Member
Find a local lawyer that will look over the lease...it may cost you an hour of their time but it would be well worth it.
 
turboangel

turboangel

New Member
Originally Posted by bigarn
Nothing stipulated in the lease .... nothing owed .. worst case is they may keep your 600.00 dollar deposit.
This is correct..if it doesnt state in the legal contract about a penelty for break the lease then all you have to do is tell the landlord your leaving and at most all they can keep is your deposit. If they take you to court asking for money for breaking the lease then show the judge the signed contract. In most cases i have been in there has been a penelty for breaking a lease early and it was you dont receive your deposit back.
 
unleashed

unleashed

Active Member
have an atterney look at your lease to make sure you are not bound by any legal loopholes.some states have differnt renting and lease laws than others you will want proffessional advice for your state law guide lines and penalties.it may be worth the cost of an atterney vs the cost of the rest of the lease
 
fishcake

fishcake

Member
If you sign a lease you are obligated to pay the rent.
whether you're there or not.
the 2,500 that she is asking for maybe less than what is needed to fullfill your contract.
If it goes to court ....I guarentee you will have to pay the remainder of the lease.
which maybe more than the 2,500.
And if it is ...
Pay her the 2,500 and be done with it!
 
fishcake

fishcake

Member
btw,
If you have to pay her in payments there is nothing she can do accept
take you to court. The judge will just have make you make payments if that is all you can do.
can't get blood from a stone!
 
hardcrab67

hardcrab67

Member
Originally Posted by TangWhispr
Find a local lawyer that will look over the lease...it may cost you an hour of their time but it would be well worth it.
This is the best idea! We broke a lease that only stated a 30 day notice from either party(because she was trying to sell). We were looking for another house because of this. Not only did she keep our deposit, she was awarded a judgement for the remaining year's rent(6 mo @ $550.00 a mo + court fees). A lease is a contract guaranteeing income on that property, by signing you are guaranteeing that income to the leasor and just because you give proper notice doesn't relieve you from that responsibilty until the end of the lease or so that was how it was explained to us by the judge. The 30 day notice is for either party who does not wish to renew the lease, though this was not how she put. If she finalized the sale of the house, we had 30 days to get out. Good Luck, it will probally be cheaper on you to ride it out and move at the end of your lease, hopefully a nicer deal will be available then, too. If it were me, I'd tell her to go jump in the lake and live where I want to, but that will cost you.
 
coachklm

coachklm

Active Member
well... update is .... that lease is legal binding for 12 months... youy are responsible for the income potential of that property... meaning if you want to leave before the term you need to find a suitable person who wants to take over the lease for the time remainig....
if this is in writing as "I so and so am willing to take over the lease and all stipulation within it".. the breaker of the lease has fullfilled his/her obligation toward the property.
if the owner does not want to re-rent that is not the concern of the leaser.and leasee is free and clear of all obligations.
and if owner tries to play the "i dont want to rent to the person your proposing .. that is discrimination.

I have a person that wants to take over my lease for the remaining time.... therefore i am free and clear.
 
hot883

hot883

Active Member
Originally Posted by hot883
Try finding someone to fill the rest of the lease term. Subletting I think it's called. Explain to the Landlord the situation and see if you find someone that would be ok with them.

Hmmm. Good idea I had huh!
***)
 
coachklm

coachklm

Active Member
actually she wouldnt authorize subletting(and niether would I as I would still be responsible)
and she didnt want to rent it again. she wanted to sell it.
as long as i found someone who was willing to sign something saying they would fullfill my lease.. im clear.
 
hot883

hot883

Active Member
Originally Posted by rs1831
Good for you. Enjoy your new place.

Let us know so we can throw a house warming party for ya and help move tanks etc.
(I say this knowing that I am in OKla.) HEHEHEHEHE
 
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