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Home > Law > Real Estate Law   »   Breaking HUD rental contract

 
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Old May 16, 2007, 10:20 AM
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Breaking HUD rental contract

Hi,
I am currently in a rental contract for an apartment that is HUD income-based housing. The lease runs Oct. 10 2006 to Oct. 31 2007. I live in Mount Pleasant, Michigan, but have just received a job offer to teach in Florida and am preparing to move there soon (I don't have a date yet, but am guessing early August). I would like to terminate my lease here and move. I am not allowed to sublet. Here is what my lease says under Termination of Tenancy:

"To terminate this Lease Agreement, after the initial term of the Lease, the TENANT must give the LANDLORD thirty days written notice before moving from the unit, unless the TENANT was unable to give notice for reasons beyond his/her control. If the TENANT does not give the full thirty day notice, the TENANT shall be liable for rent up to the end of the thirty days for which notice was required or to the date the unit is re-rented, whichever date comes first."

The thing is, that text refers to being "after the initial term of the Lease." But I am still within the intial term of the lease (after the initial term, it goes to month-to-month rental). As far as terminating the lease during the initial term, my paperwork says nothing. I was figuring on having to give thirty days written notice, but am unsure what I might owe my landlord by breaking the contract. Once I have an official date from the school district in Florida, I plan to talk to her; but I am waiting for those particulars.

Any speculation about my liabilities for breaking this lease?

Extra info: To live here, a tenant can't earn more than 33800/yr gross. My starting salary as a Florida teacher will be more than that. Is this relevant to my wanting to get out of paying the remaining months' rent?

Thank you!
Elizabeth

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Old May 16, 2007, 11:03 AM   #2  
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Quote:
Originally Posted by crimsonclover
Hi,
I am currently in a rental contract for an apartment that is HUD income-based housing. The lease runs Oct. 10 2006 to Oct. 31 2007. I live in Mount Pleasant, Michigan, but have just received a job offer to teach in Florida and am preparing to move there soon (I don't have a date yet, but am guessing early August). I would like to terminate my lease here and move. I am not allowed to sublet. Here is what my lease says under Termination of Tenancy:

"To terminate this Lease Agreement, after the initial term of the Lease, the TENANT must give the LANDLORD thirty days written notice before moving from the unit, unless the TENANT was unable to give notice for reasons beyond his/her control. If the TENANT does not give the full thirty day notice, the TENANT shall be liable for rent up to the end of the thirty days for which notice was required or to the date the unit is re-rented, whichever date comes first."

The thing is, that text refers to being "after the initial term of the Lease." But I am still within the intial term of the lease (after the initial term, it goes to month-to-month rental). As far as terminating the lease during the initial term, my paperwork says nothing. I was figuring on having to give thirty days written notice, but am unsure what I might owe my landlord by breaking the contract. Once I have an official date from the school district in Florida, I plan to talk to her; but I am waiting for those particulars.

Any speculation about my liabilities for breaking this lease?

Extra info: To live here, a tenant can't earn more than 33800/yr gross. My starting salary as a Florida teacher will be more than that. Is this relevant to my wanting to get out of paying the remaining months' rent?

Thank you!
Elizabeth
As in any lease, you are obligated for its term. If you leave early, you are still responsible to pay the rent until the property is re-rented or the lease ends. By leaving early, you will surely end your subsidized relationship. I take for granted that you are currently paying a portion of the rent and HUD is subsidizing. The landlord may seek a judgment against you. If so, it will appear on your credit report, making it more difficult for you to rent elsewhere. Talk to your landlord now. Attempt to find a new tenant, not to sublet too, but to start a new lease.
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Old May 16, 2007, 11:05 AM   #3  
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Talk to your landlord/mgt about your options and then ask the HR dept of your new employer about paying any cancellation/termination fees.
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Old May 16, 2007, 11:35 AM   #4  
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Talk to the landlord and also the HUD office, normally there is a normally waiting list for HUD rentals.
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