Hi,
I signed the leasing documents with an apartment on July 16'th for one year and the move in date was August 1'st.


I have a situation where I may have to go to my home country for sometime because of my fathers health condition and I am leaving on August 12'th. I am not sure of my return date. I have not moved into the apartment as of now. Since I have signed the leasing documents and have not moved into the apartment am I legally bounded to pay the rent/costs for it?

I spoke to the apartment office and they say I have to pay all the costs/rents for this until it is re rented. Is there a way I can avoid all these costs as I would want to stay with my family for some time and not loose money by paying rent for nothing?


Thanks for your time and help.

-Sant

Hi Sant:

I refer you to the thread right before this one entitled, "Quick Question". There is a long and in depth discussion on this very topic. Yes, there are costs associated with your breach. How much, depends on your landlord/tenant laws, and the particular lease you entered.

Some states require 30 days notice which must be given on the day the rent is due. Today, being the 2nd, you've missed your opportunity to give notice this month, and have to wait till the 1st of September. Let's hope you're not in one of those states.

If you haven't paid them anything, then you have some leverage in making a deal that's not too painful. But of course, you did pay, and they have your money. It's they, then who have the leverage.

excon

I haven't paid them any money except for the $100 deposit that I am ready to relinquish. I spoke to the leasing office and they said since I have signed the documents I am legally binded and responsible for the rents/costs until it is re rented or sub-leased.

I was supposed to pick up the keys yesterday and as soon as I got the message about my fathers health I went to them and explained the situation. I haven't picked up the keys and not moved in yet.

Thanks

Hello again, Sant:

Since you signed a year’s lease, then I suggest that you're liable for rent until, as they said, they re-rent it. In most states, they are required to try to re-rent it as quickly as possible to lessen your losses. Depending on the rental market, that could be soon or not. You have a better handle on that than I would.

You've only given them $100. They want more from you, and that's where your leverage comes in. Clearly, you'll be difficult to sue, and just as difficult to collect from if they DO sue you. Given than your "home country" isn't the US, and you're headed back there, they may not hold out much hope of ever recovering anything more than the $100 they've already got.

Therefore, I suggest that they would be amenable to a cash offer TODAY. In a slow rental market, you could be on the hook for 2 maybe 3 months rent, or more. If you can, make an offer. If they accept, make sure you get it in writing.

Otherwise, you’re going owe a lot of money when you get back.

excon

Apartment managers have heard it all when it comes to renters changing their mind once they sign a lease. It is not likely that they believed you. Offer them 1.5 months rent They will probably settle to two. Get a written release from your contract. Chasing you around the country trying to collect is of little benefit and cash in hand is always best.