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soniji · Mar 20, 2007, 01:33 PM

Hello,

I had contract with leasing company which is supposed to be ending by March 2008, but due to unfortunate situation, I have to go back to India (I am on L1 visa) by May end.

There is clause in our contract that I have to give 60 days notice and if the leasing community is not able to find another tenant than I have to pay remaining amount till contract is there March 2008.

I have given notice of 68days, and I have to go back to India, because of some issue.
But in case my leasing community could not find any tanant, should I have to pay the remaining amount. It won't be possible for me to make such a huge payment (9000$).
I am ready to pay 30 -45days rent. But landlord is saying no for it.

What should I do to be safe from any legal issues. I am worried because I'll be going back to India and should not get any issues once I move back.

Please help me out. Leasing company is not giving any solutions

THanks
Shailesh

Squiffy · Mar 20, 2007, 01:38 PM

If it is written in the contract you signed that you would pay until the end of your lease unless they find a new tenant, I would imagine you will have to pay it. You did sign it after all. Its not fair the landlord should go without rent because you cannot honour a contract.

soniji · Mar 20, 2007, 01:45 PM

Yes it's a signed agreement, but I don't have money to pay. What can I do

Squiffy · Mar 20, 2007, 01:48 PM

Well you could let them take you to court, but that could get messy. Maybe get a loan to pay it? Ask family for help? Try to negotiate a payment with them, anything is worth a try.

soniji · Mar 20, 2007, 02:29 PM

Thanks for information, pray something good happens Thanks

LisaB4657 · Mar 20, 2007, 02:37 PM

Yes, you are responsible for paying the rent until they find a new tenant or until the end of the lease term, whichever is earlier. But have you discussed a sublet with the leasing agent? If they will allow you, you can try finding a tenant to take over the balance of your lease or to take the place over with a new lease. If they allow a sublet then you are still responsible for the rent if the subletting tenant fails to pay. If you find a new tenant for them who takes over with a new lease (preferable) then you are no longer responsible for the rent.

If they do not allow you to sublet or find a new tenant, then you will be responsible for the rent, BUT NOT IN ONE LUMP SUM. You could just continue to send them monthly rent checks from India. If you are continuing to pay monthly then they have no basis to sue you.

soniji · Mar 21, 2007, 09:19 AM

Thanks Lisa for information,

I'll talk to them regarding sublease or takeover. But sending money for india is also impossbile. The rent over here is even more than my earnings in India. I know leagelly it won't be possible to find any good response.

My lease just started 6 days back, so I was expcting they can terminate the lease or at least make it monthly basis. But they say no its entered into system. What if I would hv signed for only 7 months or on monthly basis. At least on the ground of humanity. They should either make it 7 months lease. When its just 6 days we have started our lease. Also I am losing my job over here.

landlord advocate · Mar 21, 2007, 12:08 PM

Have you ever heard the saying "A bird in the hand is worth two in the bush?" Explain to the landlord that your are leaving the country. Therefore, even if the landlord sued to get their money, the case would not come to court because the court would be unable to send you information regarding the court date. The case will be dismissed. Tell the landlord you are willing to pay a small "buy out" if they would like, and you will leave the apartment in excellent condition and ready to re-rent. Otherwise, they get nothing.

Yes, it is a legal agreement and yes you are responsible for the full term of the lease. But "A bird in the hand is worth two in the bush" and the landlord would be smart to take the buy out rather than nothing, which is their other choice.