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sabaanwar · Jun 22, 2014, 12:47 AM

I have moved to Baltimore quite recently. I signed a lease with my landlord that is based on HUD model lease for subsidized program. I'm not getting any assistance from HUD according to Owner's Certification of Compliance with HUD's Tenant Eligibility and Rent Procedures, because I'm not eligible for it and in fact I haven't applied for it either.

The question is apartment is in quite unsafe area and I want to move to some other place. Following is the clause about terminating the lease:

Termination of Tenancy:
a. To terminate this Agreement, the Tenant must give the Landlord 30-days written notice before moving from the unit.
b. Any termination of this Agreement by the Landlord must be carried out in accordance with HUD regulations, State and local law, and the terms of this Agreement.

Now landlord is saying that the clause is false, and you have to give 60 days notice and we will try to rent out the apartment, you have to pay two months rent and even if house is not rented in this period then you will be responsible to pay for remaining term of lease. But one of his assistants said that my liability is to pay only 60 days rent and lease would be break.

Can you please suggest me what I should do? Whom I should talk? Can I take benefit of one month notice clause mentioned in Contract?

Would be highly grateful for your positive response...

Fr_Chuck · Jun 22, 2014, 02:19 AM

Of course, the area did not get "unsafe" over night and is the same area that you visited when you went to see the home. Also merely feeling or even being unsafe, unless it is the landlords fault, is not a valid reason to break a lease.

If you are allowed to get out of the lease, in 30 or 60 days, it is a rental, not really a lease.

Also normally, without seeing the clause to break the lease, it is normally for termination of the lease at the end of the lease term, you have to notify them.

Assuming it is in there, to allow you to break the lease, then what ever is in writing, is what is valid. So if it says 30 days, the landlord has to accept that.

He may still sue in court, so you would have to appear with your lease and prove your point

joypulv · Jun 22, 2014, 02:39 AM

We aren't seeing the entire lease! What does the first part say, about the term? If it's one year, then you owe for a year, and can be sued for the rest of the year, although the owner has to try to rent it out, and can't collect from 2 of you.

The sentences you quote may apply to the end of the year, leaving vs rolling over into another year. I think! Again, we can't know without seeing the lease. I don't see how the use of a HUD form applies to you; just him.

Please don't sign leases you don't understand. See if you can find a tenant advocate group locally.

sabaanwar · Jun 22, 2014, 03:45 AM

You are right relating to security of area. I am a post doc fellow here and moved to USA in January. First I was in Cincinnati then my group shifted to Baltimore in this month. I just visited once in end of April to see the area, yes it is my ignorance that I did not observe the area fully, might be I was not expecting such sort of issues. That there are drug dealers in that area, some one broken my bedroom window the day I moved in. So being a foreigner in this country and having no idea to which extent it can go, my fear factor was at peak.

Regarding termination of lease this is the only clause in whole agreement. B part has further points related to Landlord.. There is no clause related to early break of lease in this whole document...

joypulv · Jun 22, 2014, 04:09 AM

We need to know what the TERM is. Usually right at the beginning. Often something like 'tenancy from 3/1/14 to 2/28/15' or something. One year is one year and you don't have the right to break it, regardless of the sentence you quote.

You can of course just walk out and hope that he doesn't bother to sue you. Many landlords don't, because they have to find out and then they have to collect even if they win. But I assume that he has your work address and will at least be able to find you.

ScottGem · Jun 22, 2014, 07:25 AM

I agree with the others, the clause you are citing is probably applicable to renewal at the END of the lease term. The landlord is saying that if you want to break the lease you have to give 60 days notice. But you could still be responsible for the balance of the lease, if he can't rent it.

You have three options:
1) sublet if the lease allows
2) find a replacement tenant acceptable to the landlord
3) negotiate a buy out where you pay a penalty (usually 2 months) to get out early.