I recently moved into an apartment complex in Illinois after I transferred from New York, and I signed a 1 year lease. Since I signed the lease in September the job I transferred for went down hill and money is tight. I've brought it to the managers attention and that's when he pulls out a "lease breaking addendum". I've read over my orignal lease many times and no where does it say anything about early termination. The only thing I can find is that the lease is carried on month to month and they reserve the right to raise the rent with a 30 day notice. Also, that any intent to leave has to be made with a 30 day written notice. I went into the office wanting to let them know I need to move and I wanted to give a 30 day notice. Now I have this paper telling me I need to be here 3 full months then "buy out" of the lease by paying 2 months rent. Also, I'd be letting them keep my security deposit. I was never shown this paper when I sat down and signed a lease, they never mentioned anything. Now they want me to initial it and sign that I agree. Shouldn't this have been attached to my lease from the beginning? Is it legal for them to show it to me now that I want out?

You certainly don't have to sign it, but since there's nothing like it in the original lease, then you can pretty much take it as his "offer" to let you out of the lease early.

Yes, it's a bummer, I know... but the bottom line is that he does not even have to make the offer at all. He can say you're responsible for the full period of the lease.

The best I can suggest is to plead with him further.

Just to make what Rick is saying clearer. Under your lease you are obligated for the full 1 year term. They do NOT have to offer you any consideration at all. Basically what they are saying is they are holding you responsible for three months. The current month and the 2 month buyout. This is an improvement over being responsible for the full 12 months.

However, what I would do is make a counter offer. I would agree to the 2 month buyout under two conditions. 1) Your security, less any damages, goes towards the buyout. 2) If the apartment is rerented prior to the end of the 2 month period, the prorated difference be refunded to you.

I would then make sure that you do a walk through with the landlord after you move your stuff out when you turn over the keys. Have any damage listed and signed by both of you.

I was given a month "free" for signing a 12 month lease. At the end of this, giving them all of that money I'd be paying for 6 months. Since I have to pay back the free month. I was oringinally going to sign a 6 month, and that's when they brought up "If you sign a 12 month, you get your first month free". I went back and asked since I'd be paying for the month now, if I could change my lease to a 6 month and stay for that period. I'd be out the same amount of money. He told me it's all based out of Florida so he couldn't but he could make a payment plan for me and I'd start paying it off after I moved out.

Another issue I had with this place was when I came from New York, I called a month in advance. We started up the paper work (I had someone here walk through an apartment and co sign). I was told that the apartment I was getting would be painted and furnished with new carpet. They approved me for the apartment and said it'd be ready the week before I came home. They called me numerous times to make sure I was still coming and new once mentioned the apartment wasn't ready. When I came back I was shown an entirely different apartment that had huge stains all over the carpet, among other things. At the time, I had nowhere else to live so I took the other apartment. I was told the apartment I was "guaranteed", the apartment I put money down on to hold, wouldn't be ready for another 2 weeks. Now, they tell me my other option to breaking my lease is to pay them a transfer fee into the original apartment.

And, I was told I'd be paying a minimum of 69 dollars for a deposit, maximum of 200. In the end, I had to pay the total of a months rent before they'd even hand me over my keys.

This place has no problems rent to people. The apartment above me was rented within two weeks of someone moving out. New carpet installed. And I know it was because they started banging around at 7am without telling the tenants in the bulding they'd be working. I thought that was a little rude considering I'd been in the office the day before paying this months rent and no one bothered even say "We'll be installing carpet in the apartment above you at 7am tomorrow. You may hear some banging, ect."

This changes some things.

Do you have any of that in writing? Do you have a written committtment to the other apt and a statement of the work that was to be done? Do you have anything in writing about deposits etc.

Sounds to me like a bait and switch scheme, which is illegal in most areas. You might consider consulting an attorney, you may be able to get out based on that without any penalty.

The oringinal paper work that was drawn up when I was still in New York has the oringinal address on it. It was marked out and written over and then I was told to initial it. I guess that makes it valid and there's not much I can do. They openly admit that I was supposed to get another apartment, it just "wasn't ready". But to be honest, in the last 2 months I've been here I've seen MANY apartments be moved and in and out of within 2 weeks or less. I don't see how my apartment took over a month when all they said needed to be done was carpet. The apartment is only 750 sq ft. Not all of that is even carpet. It wouldn't take more than 2 days to even do the job. This apartment was NOT furnished with new carpet, but I'll put money on it that it will be when I leave. As for the deposit, it's posted on their flyers. It's all based on credit. They used my grandmothers credit and her income, along with my boyfriends to figure the amount. I'm still establishing credit so I didn't have anything to go on. I was never told why my deposit was 285 higher than the maximum. I mean, I assume if I didn't meet requirements they wouldn't offer me an apartment. Why would they take in a tentant that can't pay their rent. And it's not the fact that I couldn't pay it at the time. Going from a job that pays weekly and more than my new job really effects things. They don't seem to understand that or give a . Which is fine, but they have been changing things from the get go and to be honest I'm so confused. I don't know what I owe them or even if they have rights to all they're asking for. I feel like I've already paid enough towards this place and if it was worth it, I wouldn't care.

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Originally Posted by ScottGem

This changes some things.

Do you have any of that in writing? Do you have a written committtment to the other apt and a statement of the work that was to be done? Do you have anything in writing about deposits etc.?

Sounds to me like a bait and switch scheme, which is illegal in most areas. You might consider consulting an attorney, you may be able to get out based on that without any penalty.

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Originally Posted by ohilysm

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It helps if you explain what you didn't understand.

My reply to your post was

The oringinal paper work that was drawn up when I was still in New York has the oringinal address on it. It was marked out and written over and then I was told to initial it. I guess that makes it valid and there's not much I can do. They openly admit that I was supposed to get another apartment, it just "wasn't ready". But to be honest, in the last 2 months I've been here I've seen MANY apartments be moved and in and out of within 2 weeks or less. I don't see how my apartment took over a month when all they said needed to be done was carpet. The apartment is only 750 sq ft. Not all of that is even carpet. It wouldn't take more than 2 days to even do the job. This apartment was NOT furnished with new carpet, but I'll put money on it that it will be when I leave. As for the deposit, it's posted on their flyers. It's all based on credit. They used my grandmothers credit and her income, along with my boyfriends to figure the amount. I'm still establishing credit so I didn't have anything to go on. I was never told why my deposit was 285 higher than the maximum. I mean, I assume if I didn't meet requirements they wouldn't offer me an apartment. Why would they take in a tentant that can't pay their rent. And it's not the fact that I couldn't pay it at the time. Going from a job that pays weekly and more than my new job really effects things. They don't seem to understand that or give a . Which is fine, but they have been changing things from the get go and to be honest I'm so confused. I don't know what I owe them or even if they have rights to all they're asking for. I feel like I've already paid enough towards this place and if it was worth it, I wouldn't care.

Are they doing something illegal?

Like I said, sounds like a bait and switch.

All right, I moved out Nov. 11th. A few weeks later I received a letter that stated there was no damage to the apartment and the inspection date and move out date were noted as the 22nd. I had 10 days to write them a letter back, but I didn't. Partly because I didn't know what they wanted me to tell them. I'm now at a new apartment, as of two days ago. I haven't received anything from the previous place except that one paper. Nothing has gone against my credit either. Is it possible they're taking me to court? Shouldn't I have heard something by now?

Not necessarily. I wouldn't consider myself out of the woods yet. On the other hand, they may just settle for keeping your deposit.

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Originally Posted by ohilysm

Alright, I moved out Nov. 11th. A few weeks later I received a letter that stated there was no damage to the apartment and the inspection date and move out date were noted as the 22nd. I had 10 days to write them a letter back, but I didn't. Partly because I didn't know what they wanted me to tell them. I'm now at a new apartment, as of two days ago. I haven't received anything from the previous place except that one paper. Nothing has gone against my credit either. Is it possible they're taking me to court? Shouldn't I have heard something by now?

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It takes at least 30 days for collections to show up on a credit report. It could be months before the landlord attempts to collect, either through a collection agency or taking you to court. The letter was probably their version of a Security Refund Statement, which was a legal obligation to notify their standing within 30 days. The Refund Statement most likely contained a monetary amount due, which they expected you to send within 10 days or they would take you to court in an attempt to collect. Did it mention what they did with the security deposit?