(Closed) Breaking a lease… sort of

posted 7 years ago in Home
Post # 3
Member
7695 posts
Bumble Beekeeper
  • Wedding: August 2010

Im not sure what happens in terms of your credit. The only thing Ive ever heard is that if you leave a lease early they keep 100% of your security deposit.

Post # 4
Member
283 posts
Helper bee
  • Wedding: July 2011

I’m no legal wizard, but it seems if you’ve continued to make monthly payments, that would suggest in the eyes of the law that the mistake was in fact a typo.

I am moving out of my apartment two months early — but I am not being penalized for it because I found a tenant (approved by management) to take over the remaining two months. Maybe you can speak to your landlord to see if this would be allowable.

Post # 6
Member
48 posts
Newbee
  • Wedding: September 2012

@lindseyrose: If the lease says its month to month after August 30th 2010, that means you can leave anytime before the next month starts.It shouldn’t mess with your credit.

Post # 7
Member
647 posts
Busy bee
  • Wedding: June 2011

When did your lease commence?

Post # 9
Member
10287 posts
Sugar Beekeeper
  • Wedding: October 2011

If you’re “technically” month-to-month then you should only have to give 30 days notice. I wouldn’t be surprised if you don’t get all of your deposit back though. 

Post # 10
Member
1276 posts
Bumble bee
  • Wedding: August 2011

@KeshiaSimone: If a lease is month to month, you can’t leave before the next month starts. You have to give 1 month’s notice. 

Post # 11
Member
48 posts
Newbee
  • Wedding: September 2012

@Pupperoni: Thanx ! Thats what I forgot to mention also … but thats what I meant.

Post # 12
Member
420 posts
Helper bee
  • Wedding: July 2012

I had a sticky situation like this once, about 9 years ago, so I can’t remember the specifics. But, I would check with your local Tenants Rights/Act and see what your rights are. It is better to be certain before making any decisions. Rental companies often have their own collection agency and they will have no problem harassing you for years.

Contact your local department, anonymously, and see if that typo matters. I think it would.

Post # 13
Member
5977 posts
Bee Keeper

So, on a standard Pennsylvania lease, on the first page, if it says that your lease went from August 11, 2010 to August 31, 2010, and after that, you’re month to month, then that will absolutely legally stand. There are some apartment complexes that will do month to month leases from the start. My husband and I are landlords in PA, and I’ve actually sued a previous landlord for not giving back our security deposit in the correct timeframe and won. So if it’s month to month and you only have to give 30 days notice, you’re well within your rights! Typo or not!

Post # 14
Member
5977 posts
Bee Keeper

And actually…one of the only other things you should check is on the top of the second page where it says, “The total amount of Rent due during the term is:” and see what’s there. You would be responsible for paying that amount during that first month, otherwise you would be in breech of contract.

Post # 15
Member
1137 posts
Bumble bee
  • Wedding: September 2010

As an owner of rental properties, I beg you to please call your landlord and try to come to a civil agreement instead of trying to screw him over on a technicality. He will most likely try to put the property back on the market and let you out of your lease if he finds a new tenant. Especially since he is not some huge management company, he probably relies on your rent to pay his mortgage, and breaking it without giving him the chance to cover his costs could be financially devastating to him. 

Unless the condition of the property has changed since you moved in (as in the owner has been negligent or hasn’t maintained the property), it sounds like you are just sick of living there and want to leave. The burden shouldn’t fall on your landlord because you decided to leave early.

Post # 16
Member
420 posts
Helper bee
  • Wedding: July 2012

@CanAmBride: I just wanted to point out that the OP seems like a pretty good tenant. If you go back and read through some of her follow up posts, you’ll see she is definitely not trying to ‘screw’ him. In fact, she is going above and beyond, as she has said that living there has been quite horrible yet still wants to find an amicable solution.

Additionally, giving the 30 days that you are obligated to give, is more than fair. A person can’t just stay there for the sake of someone else’s mortgage! I highly doubt that if the situation were reversed, he would be as eager to be so fair.

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