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    Pawadhut's Avatar
    Pawadhut Posts: 6, Reputation: 1
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    #1

    Dec 30, 2008, 11:51 AM
    Breaking lease
    Hi,

    I was having lease on my apartment till end of march 2009 and there is a deposit of 1750 with the management. Since my visa is expiring and project is ending on Jan 2009 I am forced to break the lease. But as per lease agreement I am suppose to pay the rent till end of my lease. To recover my deposit I am planning not to pay the rent for Jan and forget about the deposit and do not pay the rent for feb and mar and hand over the apartment keys to the management on 31st Jan 2009. Since I am going out of country How will this affect my credit history or renter history. What are the issue I might face in future because of this incident.

    Best Regards
    Parag.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Dec 30, 2008, 12:10 PM
    Quote Originally Posted by Pawadhut View Post
    Hi,

    I was having lease on my apartment till end of march 2009 and there is a deposit of 1750 with the management. Since my visa is expiring and project is ending on Jan 2009 i am forced to break the lease. But as per lease agreement i am suppose to pay the rent till end of my lease. To recover my deposit i am planning not to pay the rent for Jan and forget about the deposit and do not pay the rent for feb and mar and hand over the apartment keys to the management on 31st Jan 2009. Since i am going out of country How will this affect my credit history or renter history. What are the issue i might face in future because of this incident.

    Best Regards
    Parag.


    As far as I know credit reports are not International so unless/until someone runs your credit report in the US (and if the landlord bothers to report this) it will not appear.

    I'll skip the lecture about the ethics involved in coming to the US on some sort of work visa and cheating the landlord out of rent. I consider your conduct particularly questionable in light of your other question about your problems with a credit card and a store run by Immigrants and not Americans.
    Pawadhut's Avatar
    Pawadhut Posts: 6, Reputation: 1
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    #3

    Dec 30, 2008, 12:20 PM
    Quote Originally Posted by JudyKayTee View Post
    As far as I know credit reports are not International so unless/until someone runs your credit report in the US (and if the landlord bothers to report this) it will not appear.

    I'll skip the lecture about the ethics involved in coming to the US on some sort of work visa and cheating the landlord out of rent. I consider your conduct particularly questionable in light of your other question about your problems with a credit card and a store run by Immigrants and not Americans.
    I already gave 2 and 1/2 month notice to the land lord what else I can do. If they can not find the tenant that is there poblem why should I bear a cost. Now a days nobody gives guarantee of job then how can I give the guarantee that I will stay so long in there apartment.
    If my employer has right to take away my job I hope I have also right to terminate the contract with notice period of 2 and 1/2 months. What is your take on this. Don't you think that I am right.
    Pawadhut's Avatar
    Pawadhut Posts: 6, Reputation: 1
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    #4

    Dec 30, 2008, 12:24 PM
    Quote Originally Posted by JudyKayTee View Post
    As far as I know credit reports are not International so unless/until someone runs your credit report in the US (and if the landlord bothers to report this) it will not appear.

    I'll skip the lecture about the ethics involved in coming to the US on some sort of work visa and cheating the landlord out of rent. I consider your conduct particularly questionable in light of your other question about your problems with a credit card and a store run by Immigrants and not Americans.
    One more thing I am not doing cheating with the management I am paying the jan ren thorugh my deposit and still leaving 700$ with them which is eual to 60% rent of Feb. so only for 40% rent of Feb and 100% rent of March I am not going to pay. Since I am not staying there why should I pay. They should find the tenant and recover there losses.

    Regards
    Parag
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Dec 30, 2008, 12:34 PM
    Quote Originally Posted by Pawadhut View Post
    I already gave 2 and 1/2 month notice to the land lord what else i can do. If they can not find the tenant that is there poblem why should i bear a cost. Now a days nobody gives gurantee of job then how can i give the gurantee that i will stay so long in there apartment.
    if my employer has right to take away my job i hope i have also right to terminate the contract with notice period of 2 and 1/2 months. What is your take on this. Dont you think that i am right.

    I think you signed a legal contract to pay the landlord $X a month from one date to the next. You are now not honoring that contract.

    If you didn't intend to live up to your legal obligations you should have found a month-to-month contract.

    No, I don't think you are right.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Dec 30, 2008, 12:35 PM
    Quote Originally Posted by Pawadhut View Post
    One more thing i am not doing cheating with the management I am paying the jan ren thorugh my deposit and still leaving 700$ with them which is eual to 60% rent of Feb. so only for 40% rent of Feb and 100% rent of March i am not going to pay. Since i am not staying there why should i pay. They should find the tenant and recover there losses.

    Regards
    Parag


    Again Parag, I'm not getting through to you - you signed a contract. You are now breaking the terms of contract.

    Try to twist and turn it any way you wish - that is the legal fact of the matter. Do you handle all of your legal affairs in this manner, both here and in your homeland? If so I believe you are going to have an interesting life, in and out of court.
    Pawadhut's Avatar
    Pawadhut Posts: 6, Reputation: 1
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    #7

    Dec 30, 2008, 12:54 PM
    Quote Originally Posted by JudyKayTee View Post
    Again Parag, I'm not getting through to you - you signed a contract. You are now breaking the terms of contract.

    Try to twist and turn it any way you wish - that is the legal fact of the matter. Do you handle all of your legal affairs in this manner, both here and in your homeland? If so I believe you are going to have an interesting life, in and out of court.
    You tell me one thing if management expects you to pay the rent till end of your lease period and if the lease is pending of 8 months you will pay 10K to the land dord just for the sake of signing the contract. One more thing you are missing here. If I am a permanent resident of US they offcourse I need a home to stay somewhere but when I am leaving the country itself because of losing job why should I pay the rent when I am not going to stay. At the most I can give the apartment back to the land lord and it is there responsibility to find the tenant not mine.

    I think you are a land lond and not tenant that's why you are not on my side.

    Regards
    Parag.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    Dec 30, 2008, 02:10 PM
    Quote Originally Posted by Pawadhut View Post
    You tell me one thing if managment expects you to pay the rent till end of your lease period and if the lease is pending of 8 months you will pay 10K to the land dord just for the sake of signing the contract. One more thing you are missing here. If i am a permanent resident of US they offcourse i need a home to stay somewhere but when i am leaving the country itself becuase of loosing job why should i pay the rent when i am not going to stay. At the most i can give the apartment back to the land lord and it is there responsibility to find the tenant not mine.

    I think you are a land lond and not tenant thats why you are not on my side.

    Regards
    Parag.


    I'm not on anybody's side. You asked a legal question, asked for legal advice, on a legal board.

    You apparently don't like the advice and so you choose to argue with me - and probably anyone else who posts.

    Why should you pay the rent? Because if you are an honorable person (either here or in your own country) you will abide by the terms of a contract which you signed. If you are not an honorable person, you won't.

    And I think I know the answer to that.
    Emland's Avatar
    Emland Posts: 2,468, Reputation: 496
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    #9

    Dec 30, 2008, 02:19 PM
    Quote Originally Posted by Pawadhut View Post
    If they can not find the tenant that is there poblem why should i bear a cost.
    Because you signed a binding contract.

    Quote Originally Posted by Pawadhut View Post
    if my employer has right to take away my job i hope i have also right to terminate the contract with notice period of 2 and 1/2 months. What is your take on this. Dont you think that i am right
    Your association with your employer is different from your obligation to your landlord.
    Pawadhut's Avatar
    Pawadhut Posts: 6, Reputation: 1
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    #10

    Jan 7, 2009, 12:55 PM
    Quote Originally Posted by JudyKayTee View Post
    I'm not on anybody's side. You asked a legal question, asked for legal advice, on a legal board.

    You apparently don't like the advice and so you choose to argue with me - and probably anyone else who posts.

    Why should you pay the rent? Because if you are an honorable person (either here or in your own country) you will abide by the terms of a contract which you signed. If you are not an honorable person, you won't.

    And I think I know the answer to that.

    I finally paid the rent looking at your advice. However I would like to know is there any law if as per INS rule I am suppose to leave the country on or before the expire of my visa. Since my visa is expiring on 3rd Feb 2009 am I eligible to break the lease without any penalty charges as I hope any contract should overide with INS rule. Could you please clarify this. I am NJ state resident.
    Emland's Avatar
    Emland Posts: 2,468, Reputation: 496
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    #11

    Jan 7, 2009, 12:59 PM

    The only reason I know of that someone would be able to legally break a lease is due to being transferred to another base more than 50 miles away if they are an active duty member of the US armed forces. That also only applies in states that have law (heavily military based states like VA.)

    You signed a contract that you would pay X dollars for an apartment for X months. It is not their problem if you have problems with your immigration status.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #12

    Jan 7, 2009, 01:07 PM
    Quote Originally Posted by Emland View Post
    The only reason I know of that someone would be able to legally break a lease is due to being transferred to another base more than 50 miles away if they are an active duty member of the US armed forces. That also only applies in states that have law (heavily military based states like VA.)

    You signed a contract that you would pay X dollars for an apartment for X months. It is not their problem if you have problems with your immigration status.

    You're right - IRS has nothing to do with this. OP can't understand contract law.

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