Wednesday, July 7, 2010

What happens if I break a rental lease but my lease does not mention anything abou it?

I'm pretty sure my landlord will try and collect to the fullest extent allowed. Would he be able to collect the remaining months on my lease? My lease mentions nothing about what happens if I break it or likewise. Thanks!What happens if I break a rental lease but my lease does not mention anything abou it?
The lease, by definition is a contract that binds you to the property for a set amount of time, even if you choose to move out before it's term expires. Otherwise you would have signed a month-to-month rental agreement. The two aren't interchangeable.





To the contrary of what you're thinking, a lease that provides breaking clauses usually just restates that this is a lease and you're liable for all rent throughout its term, although some allow certain provisions for early termination . Since your lease doesn't, it is flat out implied that you're responsible for the whole thing.





If you break it, you will be responsible for the remainder of the rent until the landlord gets a new tenant in there. The landlord has to make a diligent effort get a new tenant in there but by no means has to make it their mission or go to great expense to do so. They also aren't obligated to put your unit at the top of the list to be rented out. For example, if there are three one bedroom apartments available, they are probably going to and can rent out the two that have no lease, even broken, connected to them at all.





Basically, you can count on owing at least part of the rent you would have paid had you not broken the lease.





However, if there's nothing prohibiting you from subletting you can do that. The danger there is that you're still going to ultimately be the one responsible, and if they don't pay their rent or they damage the property, then the landlord will go after you. You'd have to recover your losses by taking the subletter to court.What happens if I break a rental lease but my lease does not mention anything abou it?
Jaxin is incorrect...





If you break your lease, you are liable for the entire period of the lease. For example, if you sign a 1 year lease today but then move out in a month, you ARE responsible for the balance of 11 months. However, the landlord has a responsibility to try to re-rent it to someone else. The moment they rent it to someone else (their move in date), then your obligation ends. So, if it takes them 3 months to find a new tennant, then you are responsible for that 3 months time AND the costs associated with getting it rented (advertising).





BTW, to the other poster who says you lose your security deposit... THAT is also false. You do NOT lose your security deposit. Security deposits are to fix damage to the property you caused. It is NOT related to the making or breaking of a lease. You still get your security deposit back, or a portion of it after deduction for fixing any repairs on damage you may have caused. If your landlord does not return your security deposit, then SUE and you will win.
Really, your best bet is to sublease the apartment. Once you break it, the landlord can come after you for whatever he wants to.





The guy above me broke his lease because the landlord broke his stairs and he couldn't get to his apartment. The landlord hit him with a bill for $12,000, for whatever charges he felt like (this was a high-rent building, and the guy had about 10 months left on his lease).





Anyway, he ended up winning in court, obviously, but they will try and stiff you for whatever they can, including the rest of your rent for the entire term, and costs to find a new renter.
Your lease is a legal contract between you and your landlord for a specific amount of time. You are responsible for the entire time of the lease or until he rents it out. You still must give sufficient notice (usually 30 days) of moving out. Usually the amount to break the lease adds up to you losing your security deposit plus 2 months of rent.


If this is not paid, he can and probably will take you to court and win. Then it will be placed on your credit report for up to 10 yrs (depending on the state you live in) which will reflect badly if you are trying to rent or even buy a house.


If your landlord decides to let you out of your lease with terms, make sure you get it in writing. Then make sure you are out by the date you gave him.
Most time a lease is for a stated period of time, one year


or two. After that it is month to month. If you have been there


more than one year, and there is no clause as to length: The


notice clause takes presidency, (30 days notice).





This clause is ';30 days notice prior to leaving with


all months paid in advance';. So if you wish to leave


July 1 - You must make note by May 31 with June's rent paid


in full. (Notice June 5 requires you to pay July's rent.)





This would be at the discretion of the landlord. I always


charge 2 months security deposit. The first month covers


most repairs and utilities - the second month covers this


problem that people keep coming up with. All they have to


do is give 45 days notice and all would be well.





Yes if the term of the lease is not out (one year) - you would


do well to find a person to rent the space as you vacate.


If the new guy is agreeable to me: I will rent to them direct, if not you may sub-let if there is no clause against it.
HELPme is wrong.... I just broke a lease- and it was a yr lease; I was there for almost 6mths.... They kept my security deposit and required 2 months rent... He is not allowed to collect for the remaining months on the lease because the courts allow landlords adequate time to find a renter (30-60 days is MORE than enough time)
Are you sure there's nothing under ';Termination';? Read it again and look for ';early termination'; penalties.
They should only be able to collect 1 months worth of rent, so if you give them 30 days notice, then they cannot collect anything extra from you. If you initially paid first and last months rent, your last months rent will be covered by that initial payment.





They will not be able to collect any more than that.

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