Saturday, July 10, 2010

How can I legally get out of a rental lease??

I have purchased a home, I close this tuesday, I thought my lease was up on August 1st, what happened is in Feburary, the landlord and I changed the way I paid my rent, and when we did that , he drew up a new lease, without paying attention I signed it. The new lease is dated Feb., Is there any way to get out of this lease legally?? Examples; job transfer, mom getting sick and I have to move with her, anything like that??How can I legally get out of a rental lease??
Check the lease and see if there is anything in there, but I doubt there will be. More likely you're going to have to go talk to the landlord, nicely explain everything, and see what they say. Maybe they'll let you off with 30 days notice or some fee, but they don't have to.





However, if they don't let you off and you just moved and flat out stopped paying the rent, they will have a hard time getting the money. They can take you to court and get a judgement and really hurt your credit, but its very difficult for them to enforce the judgement. This is a lousy deal for you as it will really hurt your credit, but its lousy for them as they won't easily get their money (maybe won't get it at all), so if they are a smart landlord they will probalby be willing to make a deal with you (if they are less experienced they'll probably scream and yell and try to get the whole lease form you - oh well). Anyhow, go tell them everything and see what they say.





Another thought is maybe you could sublet it. Check your lease and sometimes there is a clause that if you find a new renter they can accept then the new renter takes over your lease for its remainder, worth checking if this is allowed.How can I legally get out of a rental lease??
You're stuck with what you signed. The landlord is under no obligation to modify the lease in any fashion. His only requirement is to attempt to re-rent the premises to a qualified and acceptable tenant as soon as possible. Meanwhile, until re-rented, you are obligated to the rental costs, PLUS any expenses incurred by the landlord for early re-renting, such as advertising costs.





As another poster remarked, the landlord is not responsible for your personal situations. That is YOUR responsibility.
The lease that my tenants sign states that they may break their lease by giving 60 days notice and they forfeit any deposit. There should be a clause in yours that tells what happens if you break early. I am a landlord and I've never heard of a landlord that has successfully been able to hold a tenant to more than 60 days. Your a tenant, not a prisoner. You've bought a home, any landlord should understand that.
Even if you were in the hospital yourself that is NOT legal grounds to break a lease.





People are NOT getting this on Yahoo! Answers..the landlord DOES NOT foot the bill for your personal shortcomings or any drama in your life.





There are three ways to do it:





1. Check your lease and see how much it costs to break it.





2. Talk to the landlord, be REALLY nice, and see if he will work with you.





3. The worst: That he will hold you to the lease (and he can) and charge you for every month until February.
Nope. Your only option is to negotiate the early termination. Be prepared for about a 2 or 3 month penalty.
Nope. Speak to the landlord and if he can find another tenant quickly it will not be a problem. It might cost you your security.
The answer is no. You signed it - you live with it.

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