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jenniferchehab · May 18, 2008, 02:15 PM

I signed a 12 month lease in which I in the 8th month of the lease. My 13 year old son developed cancer and died at home. Since then my other son and I are having a hard time being in the same place that he died. So I decided to buy a house. I gave them a 30 plus day written notice. And they are saying that I will not get my deposit back, and I will have to pay the concessions, and the regular months that are left. Is there any legal loophole that I can fight this with?

froggy7 · May 18, 2008, 02:59 PM

No. You entered into a legally binding contract with them. You chose to break the contract for reasons that they had no control over. So they are allowed to mitigate their damages. And it should spell out in the lease what you will be paying if you break it. Which includes any concessions. The one thing that the law will cover for you is if they rent the apartment out before the end of the lease, you do not have to pay for those months. They can't double-dip. And unless you are in Florida, they have to make a good-faith effort to re-rent the place. They can pass the costs for getting a new tenant on to you (advertising, listing fees, etc.). If you happen to be in Florida, then they can just sit on their hands and let you pay the rest of the rent until the lease end date.

LILL · May 18, 2008, 03:53 PM

First let me say how sorry I am for your loss. I'm the mother of a 13 old son, and I can't imagine how you must feel. Unfortunately, what Froggy states is true. Your best bet is to talk to your landlord and try to work something out. Offer to show the apartment to prospective tenants, pay for advertising fees and ask about a payment plan for any money they are out due to your breach.

Good Luck!

ScottGem · May 18, 2008, 05:28 PM

I'm sorry for your loss and can understand your weren't thinking things through, but you really should have discussed this with the landlord before you went and contracted for a house. He might have understood and worked with you.

A lease is a binding contract. You agreed to lease the unit for 12 months and a death in the family does not constitute legal grounds to get out of it. You need to review the lease and see, what, if any, buyout options there are. However, they may be wrong about the deposit. Unless the lease specifies a forfeiture of the deposit for early termination they have no reason to withhold it. When you vacate, you will need to do a walk through, documenting any damages or lack thereof. That's what the deposit is for.

If you are in your 8th month and gave 30 day notice, that carries you into your 9th month, which leaves only 3 months left. You can tray and negotiate a buyout, sub lease or help the landlord find a new tenant. As noted, the landlord can't double dip, so if they rent it, they can only charge you for the time its vacant.

Fr_Chuck · May 18, 2008, 06:24 PM

I wish to tell you I am so sorry for your loss, I know there is no words that can help. But sorry, you can break the lease of course but will have to pay the penalty listed in the lease. You could try and sub rent it out if that is allowed, or try and find another tenant for them.