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Home > Law > Real Estate Law   »   Lease- Early Termination

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Old Oct 29, 2007, 09:31 AM
jlzamora
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Lease- Early Termination

We entered a lease agreement on a home 7 months ago. We spoke with the landlord before breaching the agreement. He agreed to rent the home to someone else if we could help him find a suitable renter. We paid the month of October (although we weren't there) and he still has our full deposit. We've shown the house several times and referred 2 families to him as possible candidates. One candidate wanted a lease-purchase agreement and the landlord did not want to do that. He also said he wasn't too happy about renting to a single woman because she would call him for the smallest repairs. The second family has filled out an application and the landlord continues to put them off. It seems that he doesn't like them however they are able to pay and he has contacted all of their references but just continues to put them off...but they want the house and can pay for it. In the meanwhile, we're paying for it and he said if we don't, he'll take us to court and have my wages garnished for the 5 1/2 months left on the lease. I want to know if there is any way out of this???


Also, we're in the state of TN. I'm showing this house again this evening in hopes that this couple will want to move forward. However, they contacted the property owner (landlord) last night to set up a time to meet at the property and he said he was busy and to contact me. So, I'm showing it tonight at 5pm. Another lady who sold her home (next door) asked if she could rent it from Nov-Jan when her new home would be ready and he refused. He verbally told us though that he would help us out by letting us out of the lease when he found 'good renters' but no-one seems to suit him but he doesn't say why. Our lease states that our agreement started in April of 2007 and ends April 2008. It says we get our deposit back when the lease ends. We paid for October and weren't even there. We cleaned the carpet and have the house in better condition (cleaner) than when we moved in. I feel like he will take us to court since he's already threatening if we don't pay November rent by Nov 1. I just don't have the money to pay for 2 homes and I don't know what to do. HELP

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Old Oct 29, 2007, 09:56 AM   #2  
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I would say no, if you have signed an agreement with him stating that if you back out of the lease early that your wages would be garnished then he will win the battle. If it doesn't state that then you might have a chance. Other than that you have to see it from his perspective as well, you are breaking the lease you signed with him regardless if there is someone there to take your lease, you are still breaking your lease. It is his choice to choose the 2nd canidate and at the pace he does it. Any apartment or homing rental service will tell you that. Just pray and hope that he will take the canidates into consideration.
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Old Oct 29, 2007, 10:17 AM   #3  
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A landlord can't have your wages garnished until they have sued you, won a judgment and then filed for garnishment. If you stopped paying rent and the landlord sued you then you might have a decent case if you can prove that the landlord refused to consider an application from someone who wanted to rent there.

I'm not telling you that you should stop paying the rent. Keep looking for someone to take over the lease. But you should start putting things into writing with this landlord. Send him a letter by certified mail reminding him that he agreed to let you out of the lease if you could find someone to take over your lease, and also reminding him that you have already provided two candidates. Then state that he hasn't even responded to the application of the second one.
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Old Oct 29, 2007, 05:43 PM   #4  
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First, in the state of TN he can not legally not rent to someone just because he is a single women.

But you are liable in TN to pay the rent and keep the utilities on, untill he rents it. He does have to actively search for a new tennant. You should be able to sub lease

But in TN if he has not rented it, you will have to continue to pay or he can take you to court
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