(Closed) Breaking a Rental Contract?

posted 6 years ago in Legal
Post # 3
Member
1774 posts
Buzzing bee

In most cases you’d be required to pay out the length of your lease anyway if I’m not mistaken.

Post # 4
Member
3692 posts
Sugar bee
  • Wedding: December 2011

“In most cases you’d be required to pay out the length of your lease anyway if I’m not mistaken.”–this could very well be true.

I think it depends on the individual leasing agreement with each place.  At my old place they had quite a waiting list of people wanting to move in.  With a 60 day notice, you were out of the lease without any penalty.  I only gave them 30 days’ notice, so ended up paying a pro-rated amount until they could get the apartment ready to move someone else in for the last month.  I think it only took them a week, so I only owed a couple hundred dollars.

When my Darling Husband wanted to move out of his apartment because he bought the house we live in now, the penalty for breaking the lease was more expensive than just paying rent until the end of the agreement.  So he moved into the house in September, but continued to pay rent on the apartment until February.  

 

 

 

Post # 5
Member
2494 posts
Buzzing bee
  • Wedding: July 2012

Most of the leases I have are similar to yours. If you are buying a house, a 60-90 day closing is fairly common, so I wouldn’t be worried about the notice you have to give.

As for breaking the lease, talk to your landlord. At once place I was in there was a similar contract, but the landlord knew that there were so many people trying to get into my building that he knew if I broke the lease it would easily be rented out again. The money they want you to payout is usually to cover the costs if they can’t rent it out for awhile.

I’d talk to your landlord and see what options he can provide. Let him know what your plans are and ask him to recommend what would be best for you. He doesn’t want to lose money and you won’t be the first person who has broken a lease to buy a house, so I’m sure he will have some suggestions.

 

Post # 6
Member
185 posts
Blushing bee
  • Wedding: June 2012

It’ll totally depend on your leasing agreement. There should be a clause about it in the lease you signed, so read through it. For us, we would have to pay 2 months rent to break our lease early. In my previous apartment, they had a completely different penalty fee for breaking a lease. Just depends.

Post # 8
Member
9056 posts
Buzzing Beekeeper
  • Wedding: June 2010

I would contact your state’s landlord tenancy branch (or whatever they call it) as it does vary by jurisdiction.

Post # 9
Member
1798 posts
Buzzing bee
  • Wedding: August 2011

Typically, if you break the lease you are legally liable for the rent for the entire period of the lease. The contract may not directly mention breaking the lease, but it probably does say that you are agreeing to rent the apartment for XX months at XX rent. Generally, if you want to move out before the lease is over, if you find someone else to take over the apartment, you can be off the hook.

Post # 10
Member
185 posts
Blushing bee
  • Wedding: June 2012

Hmmm I’m surprised it doesn’t say anything!! Since the leas isn’t helping you, I would look over the tenant/landlord rights for your state (I forget the “official” name but every state has a legal handbook for leasing protection). Maybe each state has a default policy if one is not written directly into the lease. It might help to consult state guidelines before talking with the office – that way they can’t rip you off!

Post # 12
Member
71 posts
Worker bee
  • Wedding: October 2012

msfarenheit said what I was going to say.  You could try to get someone to take over your lease, but you have to keep in mind that if there is no specific clause, then the contract is simplified.  You rent that property for time period everyone agreed upon.  You decide not to rent, you’re in violation.  I own a house in another state and my tenant decided to buy a house rather than live in mine anymore, and thought that since there was no specific “This is how you leave early” clause, he was free to leave whenever.  While it somehow worked out, I had every intention of going after the lost rent and claiming he had abandoned the property.  Of course this was in Texas, and may be different from Maryland.  While my lease was somewhat vanilla/standard, the landlords may have left it out on purpose so they don’t have to deal with people cutting out early.  Not that it sounds like you owe it them or anything, if they’ve been so unhelpful and a general pain in the patootie.  Good luck with everything!

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