Check out some similar questions!

chrspadg · Sep 19, 2007, 07:36 AM

My husband has accepted a new position out of state. Our lease is not up till next March, 2008. W spoke with the landlords about the situation and they seemed OK with it but they needed to speak with each other and to get back to us. They did get back to us a few days later and did a total turn around stating they really didn't know that we were leaving... ( they seen us bringing in boxes) and they want us to write a letter stating what we told them in conversation so they can bring it to a lawyer. We would be leaving by mid October and we told them that the rent would be paid through October and they could keep the security deposit and asked for them to please list the apartment with a realtor. They seem to be arrogent about the whold thing. I also am thinking of laying out another offer as to give an additional month's rent even though money is very tight with us but in hopes that they will agree and in exchange give us a letter stating that we would be released from the lease for the payment of October and November's rent and keeping the security. I guess I am just asking for anyone's advice that may have some knowledge of this situation. Everyone has their opinions in telling us that we should not pay and just leave but I don't want our credit ruined nor do I want to stick it to anyone. HELP!! :(

excon · Sep 19, 2007, 07:49 AM

Hello ch:

Of course, nobody is happy with the situation. It's a shame they're being that way. Oh well, not everybody in business is as reasonable as you appear to be.

The fact of the matter is, you CAN'T break your lease. If you do, the landlord can make you pay for ALL that's left.

It's not that cut and dried, however. He just can't sit there with an empty apartment and collect the rent from you. He needs to mitigate your damages. That means that he has to try to re-rent the premises as quickly as he can.

Given that you're offering your deposit (which isn't worth anything if you leave the place trashed), and a month and a half of rent, HIS damages, if any, should be minimal.

That's the law on the matter. Now you have to apply it successfully. I would write him a letter. Indeed, I do ALL my correspondence with him in the future in writing. Make him your offer, and let him know that you are aware of HIS responsibilities in the matter. Send it certified, return receipt requested. He'll come to his senses.

excon

chrspadg · Sep 19, 2007, 07:55 AM

Hi excon,

I'm glad you agree with how unreasonable these landlords are and you haven't heard half of what has gone on. Anyway, I do not want to put anything in writing in fear of them bringing it to a lawyer... I want them to write a letter to me in regards to our discussion on a possible agreement such as what I had posted in my previous question. The lease sucks... things are meant to be broken that is a known fact... they can easily rent the apartment out... the rent considering the area is decent and it's in a great location.. why won't they just go to a realtor tell them the situation and rent it out and stop sitting on their behinds! Sorry... I am just pissed about the whole situation. These people just don't know how to negotiate.. they are the type that will take their money to the grave if you know what I mean.

excon · Sep 19, 2007, 08:06 AM

Hello again, ch:

Actually, you WANT them to show your letter to their lawyer. Then their lawyer will tell them to accept your offer. Why wouldn't he? It's a good offer. And, it will cost them way MORE money if they hire him and sue you for the rent. That's just so. Any lawyer (well, maybe not any) would tell them to accept your offer.

I know you WANT them to do a whole lot of stuff. But, in fact, from now on, they're only going to do what you FORCE them to do. The letter I suggested you write will do that very thing. You need to be PRO active here.

excon

rockinmommy · Sep 19, 2007, 08:11 AM

Originally Posted by chrspadg

I do not want to put anything in writing in fear of them bringing it to a lawyer...I want them to write a letter to me in regards to our discussion on a possible agreement such as what I had posted in my previous question.

No, no, no... that's ridiculous. YOU are the one breaking the lease. YOU are the one who needs to give them notice that you are leaving. And YOU are the one who needs to propose to them what you're willing to do to make the situation right. Who cares if they bring it to a lawyer?? Any lawyer in his right mind would advise his client to take two months rent and keeping the deposit as a settlement!

As Ex-con told you, you should do everything in writing and insist that they do the same. However at this stage you owe them the first letter containing your proposition and then they need to answer it with their acceptance, denial or counteroffer.

Karla in TX

chrspadg · Sep 19, 2007, 08:12 AM

So you feel it's better for me to write the letter? Not sure about that. Most of anyone I spoke with said not to. To give the offer verbilly and to have them write the release of the lease letter with my offer in it.

chrspadg · Sep 20, 2007, 07:50 AM

Originally Posted by chrspadg

My husband has accepted a new position out of state. Our lease is not up till next March, 2008. W spoke with the landlords about the situation and they seemed ok with it but they needed to speak with each other and to get back to us. They did get back to us a few days later and did a total turn around stating they really didn't know that we were leaving...( they seen us bringing in boxes) and they want us to write a letter stating what we told them in conversation so they can bring it to a lawyer. We would be leaving by mid October and we told them that the rent would be paid through October and they could keep the security deposit and asked for them to please list the apartment with a realtor. They seem to be arrogent about the whold thing. I also am thinking of laying out another offer as to give an additional month's rent even though money is very tight with us but in hopes that they will agree and in exchange give us a letter stating that we would be released from the lease for the payment of October and November's rent and keeping the security. I guess I am just asking for anyones advice that may have some knowledge of this situation. Everyone has their opinions in telling us that we should not pay and just leave but I don't want our credit ruined nor do I want to stick it to anyone. HELP!!!!:(

Just to let everyone know who had replied to my question... We made a deal with the landlords last night... they are excepting 2 months rent plus our security... it is putting us in a hole but it's better getting this issue off our backs than wondering if we would be called to court in the future.

ScottGem · Sep 20, 2007, 08:47 AM

Originally Posted by chrspadg

I'm glad you agree with how unreasonable these landlords are .

I had to comment on this. How unreasonable the LANDLORDS are being?? Lady YOU are breaking your lease. YOU and your husband signed an agreement to rent the apartment until March of 2008. The landlords had every right to rely on your sticking to the agreement! So before you start ragging on them for being unreasonable, try putting yourself in their shoes for a moment.

That they wanted you to make a written buyout offer is NOT unreasonable under the circumstances. That they showed a willinginess to accept a buyout was very reasonable on their part.

So please don't talk about them being unreasonable when YOU are the ones in the wrong here for breaking your word (the lease).

chrspadg · Sep 20, 2007, 08:53 AM

LOL.. you must be a landlord... because of the way you have answered. Listen... people break contracts all the time... marriages end... that is just the way life is. Believe me.. they would have no problems renting the apartment. Another thing... you don't know what hell I've gone through living at this apartment. They have harassed me and my famiily on every lit bit of a thing from how I sort my trash to calling the police on me for throwing out a chair.. which I had every right to throw out. So until you have walked in my shoes keep your negative vibe to yourself. Thank you!