(Closed) Terminated Apartment Lease- Now Requiring Rest of Rent In Full

posted 6 years ago in Home
Post # 3
Member
1471 posts
Bumble bee
  • Wedding: August 2011

@Amsy28:  I think it’s going to depend on your state. I know in my state that is illegal. I would ask your realtor–they should know the law.

Post # 4
Member
339 posts
Helper bee

Theres a good possibility that Fiance and I will only need a seven month lease, and were looking around at lease breaking arrangements. Some places wanted two months’ rent, and it’s true, some wanted the rest of the rent in full. It’s not that abnormal for them to want that. However, I would question if it wasn’t clear in the lease, I would check the lease and talk to them if that isn’t listed.

Post # 5
Member
5544 posts
Bee Keeper
  • Wedding: December 2011

I would check your lease agreement. I think ours is if we don’t give notice we forfeit the deposit and pay an extra month but I don’t think they can make you pay rent on an apartmemt they can now rent out again month’s in advance like that 

Post # 7
Member
619 posts
Busy bee
  • Wedding: November 2013

It’s pretty normal. A lease is a written contract to reside in the premises & pay rent for that length of time. If you break the lease and a new tenant isn’t found, you’re still liable for that rent for the remainder of the term. Do you know anyone who is looking to rent an apartment and could take over your lease?

A friend of mine bought a house recently and she started spreading the word beforehand that she was breaking her lease if anyone was interested in taking it over – she got lucky and someone was able to move in straight after she moved out.

Post # 9
Member
1856 posts
Buzzing bee
  • Wedding: March 2013

@Amsy28:  It will depend on the law in your state/province, but I would think this isn’t technically legal.

In most areas, a landlord can require you to pay the remainder of the rent until they’ve been able to re-rent the unit, but they have to make a good-faith effort to re-rent. By demanding that you pay the full rent from now until June, they’re getting that money in hand in February, and can then re-rent to another renter and thus get rent twice, which is unlikely to be legal.

This website gives links to tenants’ unions in every state and information on legal rights in every state; assuming you’re in the US, you might find the correct information for your location.

Post # 11
Member
619 posts
Busy bee
  • Wedding: November 2013

@Amsy28:  I hope you can figure something out! I’ve never broken a lease so I’m unsure, I would have thought you continued to pay the rent as normal until a new tenant moves in…

Post # 13
Member
1856 posts
Buzzing bee
  • Wedding: March 2013

@Amsy28:  I doubt they would – they can easily collect the rent twice in this situation. I would not provide them a cheque in this case unless I had written documentation that I would receive it back if/when they are able to re-rent, unless the law required me to pay the owed rent in full at this time (which you should be able to find out online, as most areas have tenants’ rights information freely available).

In almost all cases, you are liable for the owed rent, but the landlord has to make an effort to rent the unit to another party rather than letting it sit vacant and getting the rent from you when you no longer live there.

Post # 14
Member
133 posts
Blushing bee

What you’re describing sounds normal to me.  If I break my lease, I have a short window to pay a few grand. Paying the remaining rent month to month isn’t an option, and I pay the lessor the fee regardless of how quickly they can find another tenant.  I’m not at home at the moment, so I can’t check my contract for you.

 

Post # 15
Member
6256 posts
Bee Keeper
  • Wedding: March 2014

Pretty sure this isn’t legal. There’s a standard penalty for breaking a lease, but normally not the entire rest of the term. As far as I know it’s illegal to charge rent on the same place twice. If they press, why not see if you can find someone to transfer the lease to? Youd probably need to let them keep your deposit as motivation, but I was able to do this to get out of a lease in a sketchy place that was getting broken into all the time.

Post # 16
Member
668 posts
Busy bee
  • Wedding: May 2011

When  I broke my lease on an apartment I was sharing with  an ex I had to pay all the rent for the rest of my lease…the reason I left is we split and I had lost my job…that was fun. It took me two years and collection agency. BUT it is legal were I live and was in my contract I signed when I rented the apartment.

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