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    goto23's Avatar
    goto23 Posts: 2, Reputation: 1
    New Member
     
    #1

    Jun 14, 2007, 02:45 PM
    Family Emergency, Breaking Lease
    I currently reside in Northern VA in an apartment that is with a nationally-known apartment management company. My mother who resides in GA has fallen ill and requested I move back home with her ASAP to assist in her daily care. I have already arranged to have my job transferred down there as well (they do have offices in the area). I have 6 months to go on the lease. I called the leasing office anonymously to inquire about their lease break rules and they said the only way possible to break the lease is a 60-day notice and paying 2 months rent BEFORE vacating the premises. I do not have those kinds of funds at this time (It would be $2400) and I do not have sufficient credit to get a personal loan at this time.


    My rent is current for the month of June and always has been paid on time but the best I could do is offer they keep my security deposit ($500; the apartment is in perfect condition and of course I will take photos before I depart) and I can arrange to have the remaining $1900 paid off within 2 months. I wish to send the leasing office a certified letter stating I intend to vacate the premises on June 30th and send along a good-faith deposit of $500 towards the 2 months rent they require. Of course I have documentation attesting to my mother's illness as well. Seeing as I am dealing with a national leasing company that seems quite impersonal, do you think they will accept my proposal? My mother insists I "cut and run" but I do not want a judgement against me because I intend to return to the DC metro area in a year or less (my job is aware of my intentions and it is not a problem with them. My mother will recover but will need my assistance for a few months). Subletting is strictly prohibited as well.


    Any further options/words of advice before I place this letter in the mail?
    jillianleab's Avatar
    jillianleab Posts: 1,194, Reputation: 279
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    #2

    Jun 14, 2007, 03:12 PM
    Since it is a national leasing company, they probably have a staff of lawyers who will go after you if you don't adhere to their termination clause.

    You have a way out; it might be expensive or inconvenient, but it's there - use it. Find a way to get the money together to pay the company and end your lease. You might be able to negotiate to pay them in installments and provide the $500, but you need to work this out BEFORE you send them anything.

    Also, Virginia law says a landlord cannot retain a security deposit for anything other than damages to the property. You can give them the $500 BACK once they refund your deposit, but it is technically illegal for them to not return it to you and apply it toward rent.
    goto23's Avatar
    goto23 Posts: 2, Reputation: 1
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    #3

    Jun 15, 2007, 05:48 AM
    Quote Originally Posted by jillianleab
    Since it is a national leasing company, they probably have a staff of lawyers who will go after you if you don't adhere to their termination clause.

    You have a way out; it might be expensive or inconvenient, but it's there - use it. Find a way to get the money together to pay the company and end your lease. You might be able to negotiate to pay them in installments and provide the $500, but you need to work this out BEFORE you send them anything.

    Also, Virginia law says a landlord cannot retain a security deposit for anything other than damages to the property. You can give them the $500 BACK once they refund your deposit, but it is technically illegal for them to not return it to you and apply it toward rent.

    Thanks for the information. I am trying to find a way to pull it together before I leave. I might just stay here as my mom is now saying she might be able to hire a nurse to cover the night hours she needed me there for.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jun 15, 2007, 06:59 AM
    The only thing they have not said so far is go talk to the manager in person. Show them your moms medical info, let them look and check your payment record with them, and ask them to do something nice to help you.

    Even national companies still often allow their managers some say in making arrangements. And some managers are just nice and will do tings to waive certain fees and the such.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Jun 15, 2007, 07:30 AM
    Another thing you can offer to do is finding a replacement tenant. Also, if you talk to the on site managers, they may waive the no sublet clause in your case.
    jillianleab's Avatar
    jillianleab Posts: 1,194, Reputation: 279
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    #6

    Jun 15, 2007, 07:49 AM
    Going off what FR_Chuck said, you might actually stand a better chance of making a deal with a national company rather than an individual. An individual landlord relies a lot more on the income from all his/her properties (generally speaking) whereas a national company, especially if your building is big, might be able to work with you. Use sympathy to your advantage, it might work!

    Good luck!
    Lowtax4eva's Avatar
    Lowtax4eva Posts: 2,467, Reputation: 190
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    #7

    Jun 15, 2007, 07:53 AM
    Agreed, they are bigger so they may be more flexible and may even have people waiting for an apartment, you never know. That's actually not so bad, only having to pay 2 months though, talk to them about finding a new tenant yourself and see what they say.

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