Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Real Estate Law (https://www.askmehelpdesk.com/forumdisplay.php?f=29)
-   -   How long do I have to break a lease? (https://www.askmehelpdesk.com/showthread.php?t=580547)

  • Jun 7, 2011, 11:34 AM
    johnb123
    How long do I have to break a lease?
    I signed a renters lease on a one bedroom apt.my fiancé and I moved in was there for 2 weeks and an opportunity of us renting to own a 4 bedroom house on 2 acres of land presented its self so I called the landlord and told her we were moving out she has not returned my calls and I want to get my security back how do I get this back or am I in the wrong.
  • Jun 7, 2011, 11:43 AM
    AK lawyer
    Quote:

    Originally Posted by johnb123 View Post
    i signed a renters lease on a one bedroom apt.my fiance and i moved in was there for 2 weeks and an oppertunity of us renting to own a 4 bedroom house on 2 acres of land presented its self so i called the landlord and told her we were moving out she has not returned my calls and i want to get my security back how do i get this back or am i in the wrong.

    You are in the wrong. You signed the contract and she can enforce it against you. If there are some places that allow a "cooling off period" for residential leases, I am not aware of them. She can hold you to it. It's not just a matter of the deposit, by the way, She can sue you for the lease payments for the term of the lease, assuming she isn't able to find someone else to rent the place.

    What you need to do is negotiate a buy-out. Pay her something to let you out of the lease.
  • Jun 7, 2011, 12:52 PM
    ma0641
    Ak is right. A lease is a binding contract between 2 capable parties. Try for a buyout.
  • Jun 7, 2011, 01:16 PM
    LisaB4657
    You are responsible for the rent payments until the landlord re-rents the property or the lease term ends, whichever comes first. In most states a landlord is required to try and find a new tenant. However, some states' laws say that the landlord does not have to look for a new tenant and can just continue to charge you rent until the end of the lease term.

    You have a couple of options. You can try speaking to the landlord and work something out with them where they let you out of the lease in return for a payment, such as one or two months of rent, or just letting them keep the security deposit.

    Another option is to find another tenant to take over your lease with the landlord's permission.

    Both of those options require that you speak to the landlord and try to work something out with them.
  • Jun 7, 2011, 02:50 PM
    ScottGem
    Quote:

    Originally Posted by johnb123 View Post
    or am i in the wrong.

    You are way wrong. Forget about getting your deposit back. You will be lucky if you don't have to pay double rent for the term of the lease.

    I'm wondering where you got the idea you could just walk out on a lease.
  • Jun 7, 2011, 07:17 PM
    Fr_Chuck

    Agree with all of the above, you will not get any deposit back and will most likely have to keep paying rent on that apartment till they rent it to someone else.

    You may try and help find a new renter or see if they will allow you to sublease it out even.

    Sometimes we have to say, "darn we missed a good deal" when you have a chance for something but have legal obligations that don't allow you to do this.

    If the landlord sues you and get a judgement, will the new place still be such a great deal

  • All times are GMT -7. The time now is 09:46 AM.