(Closed) needing to leave lease early to buy home… help!

posted 6 years ago in Home
Post # 3
Member
1144 posts
Bumble bee
  • Wedding: December 2011

@Jw1724:  are you in a lease or do you pay month to month/ monthly lease? If you have a lease you may be required to pay a large amount to break the lease. If you are month to month then I would just wait until your about to close to give your 30 day notice.

Post # 5
Member
10366 posts
Sugar Beekeeper
  • Wedding: September 2010

Start trying to find someone to take your place. That would be the nice thing to do. Otherwise, she left herself wide open without having any specific penalties for lease breaking. The worst she can do is keep your security deposit. I’m sure you can rent it to someone else quickly, though. That’s what we did!

Post # 6
Member
9139 posts
Buzzing Beekeeper
  • Wedding: November 2013 - St. Augustine Beach, FL

List it and find her new tenants willing to sign a one year lease ASAP. We did that with our old apartment. She just can’t afford for it to sit empty. Help her help you get out of the lease.

Post # 9
Member
9139 posts
Buzzing Beekeeper
  • Wedding: November 2013 - St. Augustine Beach, FL

You would be liable for the balance until August if she wants to enforce her rights. You should have made sure there was an early termination clause. Or waited to house shop. Frown

Post # 10
Member
9139 posts
Buzzing Beekeeper
  • Wedding: November 2013 - St. Augustine Beach, FL

I make sure there is a 60 day termination policy in all of my leases for just in case I need to get out or move for a better job. 

Post # 11
Member
5892 posts
Bee Keeper
  • Wedding: October 2010

First I would change the offer on the new house to add a…I forget what it’s called…but a clause that says you can get out if the deal if you can’t sell or re-rent your current place.

Then I would ask the current landlord top put the place on the market now. You will pay rent until the new owners close (with a clause that says they need to close within 30 days of the offer, so you aren’t stuck paying if they dont want to close for 60-90 days.)

But by law you owe her the money…

http://www.nhlegalaid.org/self-help-guides/housing/leases-security-deposits/breaking-lease

 

Post # 12
Member
1144 posts
Bumble bee
  • Wedding: December 2011

@beachbride1216:  +1

If/when you give your 30 days for your lease you can list it on Craigslist. If people are interested take their names and phone numbers down. The landlord is required to try and find new tenants. Some people just move- pay the total balance and the landlord must search for a new tenant and refund you money up to your lease end date minus any listing fees plus time it was empty. It’s better if you find some people on your own so you have proof that people are interested in the place, in the event you need to go to court. Every state has different requirements for this rentability and breaking leases.

Is the place uninhabitable? Is there anything that isn’t up to code? Has she done anything illegal? Was the property ever inspected by the city /county before being a rental (some cities require this)? Does the condo board approve of her renting out the unit? These things may get you out of your lease When it comes time to do so.

Post # 14
Member
7311 posts
Busy Beekeeper
  • Wedding: October 2011 - Bed & Breakfast

You’ve only offered on a house, so this isn’t even a real issue yet. Your offer could be rejected, the house inspection could be a disaster, your financing could fall through, there could be a surprise lean on the home, etc. basically, so many things could go wrong at this point in time that there is no use in stressing over this right now.

If your deal actually does move forward, negotiate a prolonged closing date on your purchase to reduce the number of months where you are paying for a condo that you no longer live in. That should get you to June if you go for a 90 day closing. And then save diligently so that you can pay for July and August to fulfill the terms of your lease.

Post # 15
Member
1144 posts
Bumble bee
  • Wedding: December 2011

@Jw1724:  if she doesn’t want to rerent that her problem not yours. You need to do your part to show good faith that the it could be rented and she chose not to. thats the only way you dont have to pay up until August. California you need to show that the apartment was ready to rent, you found renters who want to move in on X date. if you pay up until August have the mentioned proof of rentability you can take her to small claims. Or just pay up until the point if rentability and then sue her when she doesn’t return your deposit. Or pay to he point of rentability minus your deposit and wait to see if she tries to sue you.

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