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    gstone2008's Avatar
    gstone2008 Posts: 1, Reputation: 1
    New Member
     
    #1

    Sep 3, 2008, 01:33 PM
    Need to get out of an apartment lease early
    My son has just lost his job and cannot afford $500 monthly payment on his apartment, he also lost his room mate not long after moving into the apartment. He has been struggling to make the payments but now he cannot make them at all. He has moved 2/12 hours away from his apartment to move in with me (his mother) until he can find a decent job. He moved into the apt in May of this year. His landlord has told him that he will move his apartment to the "top of the list" for leasing, but in the meantime he must pay his rent. Obviously he cannot afford it, nor can I. Help! What can be done here?:confused:
    rockinmommy's Avatar
    rockinmommy Posts: 1,123, Reputation: 82
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    #2

    Sep 3, 2008, 02:14 PM
    Well, I'm sorry to tell you this, but at this point he has to either pay or sit back and wait to be sued.

    Was the roommate on the lease? If they were, at least the LL would be coming after both of them...

    I would think he could certainly be proactive in trying to find a replacement. Ads on Craigslist are free. Or there are of course newspapers and other postings where you can advertise for a fee.

    He could see if the landlord has any work for him. Since he's not working anyway, he may as well offer up his services. Most landlords (unless this is his only property) have odd jobs, painting, yard work, whatever.

    I know as a landlord I would certainly be WAY more willing to work with a tenant in his position who communicated really well with me, and who tried to do "whatever it takes".
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Sep 3, 2008, 02:16 PM
    Quote Originally Posted by gstone2008
    what can be done here?
    Hello g:

    In a word, nothing. Your son is obligated to adhere to his agreement. The landlord is obligated to mitigate your sons (yours) damages by renting the apartment as soon as he can.

    The only thing you can really do, is make sure that his "top of the list" is really TOP OF THE LIST. Is he advertising? Does he have a sign? I don't know how you can insure hose things when you live 2 1/2 hours away.

    Instead of an open ended agreement, he could offer a CASH settlement of possibly two months rent as final payment.

    I don't see many other alternatives. Of course, he could decide not to pay. The landlord will probably sue him and your son will lose. That won't help him.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Sep 3, 2008, 06:00 PM
    Yes, he can keep paying as his lease requires him to do. And your son does not want a law suit over unpaid rent on his report ( makes it hard to get next apartment) The landlord may agree to a settlement if he can offer perhaps two months rent or something.

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