[kaf1959]

My husband and I are renting a house (1year lease) in Indian River County, Florida. We have had some unexpected bills that have come up and had to pay a large amount of taxes to the IRS this year after we signed the lease. We have been in the house since April 1st and are now starting to have problems paying our other bills on time. We went through our savings which wasn't much. And we are starting to live off our credit cards just to get by. We are finding out that we are living way above our means.

Part of the problem is that I am having a hard time finding a job. I am either over qualified or the jobs that I do qualify for are so far away that my check would pay for the gas to get there and back and not remedy the situation. We feel we are stuck between a rock and a hard spot and can't get out.

We know we need to find a place that we can afford but we do not know how to approach the property manager about our situation and what are the consequences going to be if we break the lease? HELP!

KAF

[twinkiedooter]

You could have made payment arrangements with the IRS for the tax bill you owed, but since you didn't do that, it is a moot point here.

You can try speaking with the management about your predicament and see what they will agree to. You do face having to not be let out of the lease. Look over your rental agreement very carefully and see what it says about tenant terminating the lease.

[ScottGem]

There are no legal means that will allow you out of the lease. But you do have some choices.

1) Discuss the situation honestly with the management company/landlords. They do not want to go through the expense of eviction so they may be willing to work with you as long as they don't lose. If they will have no problem renting the unit, they will probably let you out as soon as they find a new tenant.
2) Sublet. If you lease allows, maybe you can find soemone to sublet
3) find a new tenant yourself. They may need to approve it, but, again, as long as they don't lose money by having the unit vacant they should be OK.

[excon]

Hello k:

I'm NOT piling on... However, you live in the absolute WORST state in the union for people in your predicament.

In EVERY other state in this great country of ours, the landlord has to mitigate your losses... That means if you break your lease, he MUST find another tenant as soon as he can to limit YOUR losses...

But, not in Florida. Nope, the lawmakers of your great state say that the landlord can just sit back and collect rent from the hapless tenant for the DURATION of the lease. That's you.

I only say this to encourage you to make an agreement with them, however you must. I can promise you this - getting out AIN'T going to be cheap. In fact, if you consider the cost of two months rent (and you'll be LUCKY if it only costs that little), and the cost of the move, plus having to come up again with first, last and another security deposit, PLUS the damage this will do to your credit, you might want to consider staying.

Do the math. That's something you DIDN'T do before, and it's going to cost you bigtime.

excon

[kaf1959]

You could have made payment arrangements with the IRS for the tax bill you owed, but since you didn't do that, it is a moot point here.

You can try speaking with the management about your predicament and see what they will agree to. You do face having to not be let out of the lease. Look over your rental agreement very carefully and see what it says about tenant terminating the lease.

Thanks, but as far as the IRS is concerned they charge too much for penalties and interest. We felt that the IRS needed to get paid and that would be one less headache.

K

[kaf1959]

There are no legal means that will allow you out of the lease. But you do have some choices.

1) Discuss the situation honestly with the management company/landlords. They do not want to go thru the expense of eviction so they may be willing to work with you as long as they don't lose. If they will have no problem renting the unit, they will probably let you out as soon as they find a new tenant.
2) Sublet. If you lease allows, maybe you can find soemone to sublet
3) find a new tenant yourself. They may need to approve it, but, again, as long as they don't lose money by having the unit vacant they should be OK.

1.) As far as the property manager, he is not very understanding about anything. We were in the house 1 month when the motor burned up on the water softner system and we had no water. He told us that we were being unreasonable in asking to get someone out here as soon as possible. My husband or I could not even take a shower. After arguing with my husband he finally sent someone out.

2.) Our lease states that we cannot sublet.

3.) We may be able to find a new tenant for them, I don't know. It's a thought

[kaf1959]

Hello k:

I'm NOT piling on.... However, you live in the absolute WORST state in the union for people in your predicament.

In EVERY other state in this great country of ours, the landlord has to mitigate your losses... That means if you break your lease, he MUST find another tenant as soon as he can to limit YOUR losses....

But, not in Florida. Nope, the lawmakers of your great state say that the landlord can just sit back and collect rent from the hapless tenant for the DURATION of the lease. That's you.

I only say this to encourage you to make an agreement with them, however you must. I can promise you this - getting out AIN'T gonna be cheap. In fact, if you consider the cost of two months rent (and you'll be LUCKY if it only costs that little), and the cost of the move, plus having to come up again with first, last and another security deposit, PLUS the damage this will do to your credit, you might want to consider staying.

Do the math. That's something you DIDN'T do before, and it's gonna cost you bigtime.

excon

Hi Excon,

There may be a solution as far as money is concerned. We have been offered free housing for possibly 6mo. To a year so we can get our finances back together.
At this point we can only pay the rent here, our car payment, utilities, gas, groceries. I would like to pay something to our credit cards but we can't afford the minimum. I can't even go to the doctors which I really need to go but the copay I don't have and we have insurance through my husbands work. So when I say hardship, its bad. What can be worse not paying the credit cards and ruining our credit or trying to break the lease and ruining our credit. We made a big mistake moving into this house.There has to be a way through this black hole.

Thanks,
K

[rockinmommy]

Is the "property manager" different from the actual owner of the property? If so, find out who owns the property. Conduct all communication in writing and keep a copy yourself, as well as a copy to the manager and one to the owner. You can speak with them verbally, but follow every conversation with a written documentation that summerizes the conversation. (For example: "As we discussed in our phone converstion today, July 3, 2008.......") Make sure you detail anything they agree to. The actual owner may have a different take on this than the manager. Or they may not want to deal with it at all.

The previous posters are correct... they don't have to agree to let you out of your lease, or even to attempt to re-rent the property, but also no reasonable landlord wants to have a property vacant. They can sue you and get a judgement, but that doesn't translate into cash. They're still looking at a vacant property with no rent coming in. A judgement for rent is worth no more than the paper it's written on.

Just a caution... I've had several tenants in your situation over the years. They tend to be sweet and humble when approaching me about helping them out - willing to do "whatever it takes", "make sure I get all the money coming to me", etc. Then they never follow through with their promises after I've gone out of my way to help them out. That makes a landlord (or anyone I suppose) mad. If you don't intend to honestly make this situation right with them - whatever it takes - you might just as well get out as quickly as you possibly can and take your chances that they'll sue you and obtain a judgement against you. At least that way you can be done with it and they can regain possession of their property.

Suggestions:
-keep the property PRISTINE so they can show it at a moments notice
-pay them whatever you can, whenever you can (excuses about not finding suitable work, etc, seem just like that... excuses. I hate to say it, but McDonalds is always hiring)
-be humble, take all the blame, don't argue, make it clear to them that you realize you screwed up and all you're trying to do now is stop the cycle from continuing

[kaf1959]

Is the "property manager" different from the actual owner of the property? If so, find out who owns the property. Conduct all communication in writing and keep a copy yourself, as well as a copy to the manager and one to the owner. You can speak with them verbally, but follow every conversation with a written documentation that summerizes the conversation. (For example: "As we discussed in our phone converstion today, July 3, 2008.......") Make sure you detail anything they agree to. The actual owner may have a different take on this than the manager. Or they may not want to deal with it at all.

The previous posters are correct...they don't have to agree to let you out of your lease, or even to attempt to re-rent the property, but also no reasonable landlord wants to have a property vacant. They can sue you and get a judgement, but that doesn't translate into cash. They're still looking at a vacant property with no rent coming in. A judgement for rent is worth no more than the paper it's written on.

Just a caution.....I've had several tenants in your situation over the years. They tend to be sweet and humble when approaching me about helping them out - willing to do "whatever it takes", "make sure I get all the money coming to me", etc. Then they never follow through with their promises after I've gone out of my way to help them out. That makes a landlord (or anyone I suppose) mad. If you don't intend to honestly make this situation right with them - whatever it takes - you might just as well get out as quickly as you possibly can and take your chances that they'll sue you and obtain a judgement against you. At least that way you can be done with it and they can regain possession of their property.

Suggestions:
-keep the property PRISTINE so they can show it at a moments notice
-pay them whatever you can, whenever you can (excuses about not finding suitable work, etc, seem just like that...excuses. I hate to say it, but McDonalds is always hiring)
-be humble, take all the blame, don't argue, make it clear to them that you realize you screwed up and all you're trying to do now is stop the cycle from continuing

The property manager is different from the owner. There is a different name for the owner but no address or phone number on the lease, just the property managers name and address. Also we make our check out to a different name actually initials, so I think it's an investment company.

When you say sue us, would it be for the remainder of the contract, lawyers and court cost? I don't mean to sound snide but we have absolutely nothing that they can take, I don't think.

I loved working at MacDonalds when I was younger, but I have some health issues which, prevents me from standing for long periods. I am trying to medically get treated but with everything else I can't afford what the dr's want. X-rays, MRI's, so on and so forth. So that's what I meant about finding a job.

Thank you,
K

[rockinmommy]

There is a different name for the owner but no address or phone number on the lease, just the property managers name and address.

I'd research to find the owner's address. You could try anything from googling them and the name you make the checks out to, to checking your county's appraisal district web site. That will give you the name and address of the owner of the property.

When you say sue us, would it be for the remainder of the contract, lawyers and court cost? I don't mean to sound snide but we have absolutely nothing that they can take, i don't think.

From your description they could sue you for all of that plus any reletting fees, cleaning fees, or other stuff allowed by your lease and/or your state. They would get a judgement against you that will stay on your record for up to 10 years. Longer if they pursue it. You likely won't be able to buy a house or possibly any other major purchases until it's paid off. It will also affect your ability to rent property, get jobs, etc.

Some landlords don't care that you have nothing and they'll never see a dime. They just routinely sue everyone in the hopes that one day you'll pay off the judgement.

Other landlords may threaten to sue, but won't really follow through because they realize you can't get blood from a turnip.

You'll just have to present your case to them and see what you can work out. That's where I was saying if you're super-cooperative and really try to help the situation along I'd think they would realize it will cost them less and help them more to work with you to get you out and someone else in.

I loved working at MacDonalds when I was younger, but I have some health issues which, prevents me from standing for long periods of time. I am trying to medically get treated but with everything else I can't afford what the dr's want. Xrays, MRI's, so on and so forth. So that's what I ment about finding a job.

I was just using McDonalds as an example. What I really meant is don't make a lot of excuses to them. To a landlord who is owed rent all that stuff you just said sounds like whiny excuses. It may all be true and out of your control, etc, but when someone's telling you why they can't pay it just comes off bad. Instead tell them what you will do. Have a plan to present them. That seems more useful and like you're really trying to help solve the problem.

Good luck.

[kaf1959]

I'd research to find the owner's address. You could try anything from googling them and the name you make the checks out to, to checking your county's appraisal district web site. That will give you the name and address of the owner of the property.



From your description they could sue you for all of that plus any reletting fees, cleaning fees, or other stuff allowed by your lease and/or your state. They would get a judgement against you that will stay on your record for up to 10 years. Longer if they persue it. You likely won't be able to buy a house or possibly any other major purchases until it's paid off. It will also affect your ability to rent property, get jobs, etc.

Some landlords don't care that you have nothing and they'll never see a dime. They just routinely sue everyone in the hopes that one day you'll pay off the judgement.

Other landlords may threaten to sue, but won't really follow through because they realize you can't get blood from a turnip.

You'll just have to present your case to them and see what you can work out. That's where I was saying if you're super-cooperative and really try to help the situation along I'd think they would realize it will cost them less and help them more to work with you to get you out and someone else in.



I was just using McDonalds as an example. What I really meant is don't make a lot of excuses to them. To a landlord who is owed rent all that stuff you just said sounds like whiny excuses. It may all be true and out of your control, etc, but when someone's telling you why they can't pay it just comes off bad. Instead tell them what you will do. Have a plan to present them. That seems more useful and like you're really trying to help solve the problem.

Good luck.

Thanks for all your help. I will take your advise and try to speak to the owner about our situation after we come up with what we know we can promise in good faith. I did find the owners address on the property appraisers site, no phone # yet. He owns 5 house in this neighborhood. He also has a couple of different addresses. Our last resort is to ruin our credit. We would rather try to work something out.

K