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    brewster21's Avatar
    brewster21 Posts: 1, Reputation: 1
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    #1

    Oct 12, 2006, 08:32 PM
    How can I legally get out of a 6 month lease?
    Dear folks,
    I moved out of my old house that I was currently residing in with my boyfriend of 5 yrs. We got back together a short while later (3month) and found a great little one bedroom. Anyhow, I have been living here for 2 months and already I can't stand it, I'm being emotionally abused. I want to vacate, but my boyfriend threatens that the land lord will sue me because I can't pay for the rest of the 4 months there and pay for a new place solo, I don't make very much and I'm very young... what should I do?

    Thanks,
    Brewster
    RickJ's Avatar
    RickJ Posts: 7,762, Reputation: 864
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    #2

    Oct 13, 2006, 04:19 AM
    Sorry to be the bearer of bad news, but if you are on the lease with him then you're stuck. If you're not on the lease, then you can just move out.

    Are you each paying half the rent right now? If so, maybe you could beg and borrow for the $$ that covers half of the rent for the next 4 months and go to the landlord and ask him if he'd release your name from the lease if you give that amount to him.

    ... just a thought.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Oct 13, 2006, 06:42 AM
    If you are on the lease, you might see if the lease permits a sublet and find someone to take over the rest of the lease.
    Depressed in MO's Avatar
    Depressed in MO Posts: 571, Reputation: 94
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    #4

    Oct 13, 2006, 07:05 AM
    I would just go anyway. Not saying that is right, but you have to take care of yourself the only way you can. If you are being emotionally abused, you need to get out of there.
    I've broken a few leases in my time, but I still manage to find other places to rent on my own. Do you have family that can help you. Double check all your resources and then get the hell out of there!
    Best of luck...
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Oct 13, 2006, 07:18 AM
    Hello brewster:

    Everybody is right. Depressed when he says leave now, Scott thinking about sub letting, and Rick thinking about making the landlord an offer.

    Of course, if you leave the boyfriend has to leave too. Or, maybe if he wants to stay, the landlord just may very well let you out and put him on.

    Plus, unless you live in Florida, your landlord must "mitigate" your losses. That means that he MUST try to re-rent the place as soon as possible so you don't get stuck with the entire balance. He might not be able to rent it, but he must try. And, if I were paying the rent, I would want EVIDENCE from him that he IS trying.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Oct 13, 2006, 08:41 AM
    If the boyfirend is still living there, he is going to have to pay rent or he will be evicted and sued also.

    If you are being abused, move, don't worry about law suits, don't worry about court action, MOVE.

    Protect yourself, money is only money, we earn it, we spend it, we waste it.
    cbmb's Avatar
    cbmb Posts: 43, Reputation: 3
    Junior Member
    		  
    #7

    Oct 13, 2006, 09:28 AM
    Quote Originally Posted by brewster21
    Dear folks,
    I moved out of my old house that i was currently residing in with my boyfriend of 5 yrs. We got back together a short while later (3month) and found a great little one bedroom. Anyhow, i have been living here for 2 months and already i can't stand it, im being emotionally abused. I want to vacate, but my boyfriend threatens that the land lord will sue me because i can't pay for the rest of the 4 months there and pay for a new place solo, i dont make very much and im very young....what should i do??

    Thanks,
    Brewster
    Excon is correct. These days landlords are not as protected as they think they are with leases. The tenant is the one who's protected ultimately. A tenant can give notice and leave. In order for a landlord to collect on any lost rent they will have to go to court and prove that they could not rent the unit to someone else in a reasonable time. At least that is how it works in CA - you might want to do some specific research w/ regard to FL but it makes sense that it would work this way.
    RickJ's Avatar
    RickJ Posts: 7,762, Reputation: 864
    Uber Member
    		  
    #8

    Oct 13, 2006, 09:32 AM
    I disagree with the above. There are very few general statements that can be made about landlord tenant law as each state has it's own laws and practices and they vary.

    In most states a lease is like most other contracts. If the contract is for payments of X amount for X period, then it WILL stand up in court.
    cbmb's Avatar
    cbmb Posts: 43, Reputation: 3
    Junior Member
    		  
    #9

    Oct 13, 2006, 01:43 PM
    I specified CA since CA is a state for the tenant. The information I provided came straight from NOLO Press' book on Tenants' Rights 13th Edition. Go to Nolo.com and I'm sure you will find consistent information.

    I'll qualify what I said previously by saying that the landlord is REQUIRED to make reasonable effort to re-rent the unit. Reasonable could be putting a sign out front. You may also be liable for the costs incurred by the landlord in re-renting the unit.
    The WB's Avatar
    The WB Posts: 78, Reputation: 6
    Junior Member
    		  
    #10

    Oct 15, 2006, 11:35 AM
    I would leave. If you can find a place quick, leave. By the time the rent is behind on the old one and they try to sue for the rent, you will be comfortably in your own spot. If he still wants a roof over his head, he will pay the rent. If he leaves, the landlord will have to come after both of you.
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