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maureenelaine · May 25, 2007, 11:52 AM

I signed up for a year long extension of my lease last October with the termination date of 10/31/07. I have decided to move in with my boyfriend, who lives in another school district. In order to have my daughter move prior to the start of the school year, I advised my landlord that I would like to break my lease in August. I've offered to forfeit my security deposit and pay rent for the month of August in addition to help pay advertising costs. He is not agreeable to anything I've suggested and has sent a letter advising me that if I break the terms of my lease he will report me to all the major credit bureaus. It was my understanding that only evictions can be reported. Is this true? If I'm moving out, can he issue an eviction notice? Is there anyway I can leave without facing issues with my credit score?

tickle · May 25, 2007, 01:48 PM

Send him a cheque the way you want to, tell him to keep the security deposit, send back the keys and tell him go ahead report. Jurisdiction for credit bureaus does not include any of this tenant stuff unless he takes you to small claims for not paying rent, and then the credit bureau comes into play.

He will be happy to get the money, believe me ! Any other way he wouldn't get a penny.

Good luck with this,but I think the law is on your side and the credit bureau too.

jillianleab · May 25, 2007, 02:04 PM

You signed a lease saying you would stay until October. Unless your lease has an early termination clause, your landlord has no obligation to let you out of the lease early, no matter what you offer. If you move out and stop paying, he can evict you. Then he can sue you in small claims court to collect his advertising costs and collect rent for all the months left on your lease until he finds a new tenant. If he won't let you out of your lease, there isn't really much you can do.

Also, in most states, a security deposit cannot be retained by the landlord for anything other than damages to your property, so telling him to keep your security deposit does no good.

excon · May 25, 2007, 04:33 PM

Originally Posted by maureenelaine

Is there anyway I can leave without facing issues with my credit score??

Hello maureen:

The landlord can only report you to the credit bureaus if he's a member, and most landlords are not. So you won't get reported for just not paying.

If he were to get a judgment, however, the credit bureaus will pick it up and your score will go down.

excon

ScottGem · May 25, 2007, 04:44 PM

Actually in most states, a security deposit can be retained for unpaid rent. Also, its true that the landlord can't just report late payment unless he's a member, but the judgement will go on your record.

Does your lease allow sub leasing? Maybe you can find someone to sublet. If you are moving in with your boyfriend, maybe you can pay the rental until October.

But the bottomline is a lease is a contract. You agreed to certain terms of that contract and as long as the landlord upholds his end, then you have to uphold yours.

Fr_Chuck · May 25, 2007, 05:48 PM

If your landlord is a major landlord, or corporation that owns a lot of apartments, or in some areas there are landlord associations where landlords are members who do report them.

Next many will sue you for a judgement for unpaid rents, all judgements do get reported.

So if he says he will, odds are he will,
He does of course have a obligation to start looking for a new renter, you would only be liable for that rent till the rental is rented out.

But yes he can, so I would consider this a valid threat.