In This Thread, We Help AXiD670 Get Out of Her Lease

WCUgirl · #1 12-08-2005, 03:42 PM

Okay, so, we moved into this fatty apartment in October. Well, since then, Mr. AXiD670 took a new job, and he starts next week. This new job is three hours away. Needless to say, we're moving.

Well, our lease specifies that in order to terminate the lease early, we have to pay a fee of three months' rent and forfeit our deposit. So, basically, we're going to lose a little bit over $3500. We really don't have that lying around.

We are at our wit's end trying to figure out what we're going to do. We can't pay rent on two separate apartments. We asked the office about subleasing, but the property manager is on maternity leave and the lady we talked to was clueless. "We'll have to call the national office to find out about that for you."

Does anybody know anything about being evicted? Will we be charged the early termination fee if we get evicted? I don't mind losing the $800 deposit if it saves me from having to pay that ridiculous fee.

I can make my dog bark and play my music a little too loudly.

litlbear1072 · #2 12-08-2005, 03:50 PM

Check into your state's landlord/tenant laws. It's not like you are moving into the apartment community next door, you are moving 3 hours away. There may be a law that lets you out of a lease for something like that.

ZTABullwinkle · #3 12-08-2005, 03:53 PM

Quote:

Originally posted by litlbear1072
Check into your state's landlord/tenant laws. It's not like you are moving into the apartment community next door, you are moving 3 hours away. There may be a law that lets you out of a lease for something like that.

I second that, but will also say check your lease. I know here there is a clause in my lease that allows for people with new orders (military town) and getting out of their lease. Not sure the specifics, but may already be in your lease.

rho4life · #4 12-08-2005, 04:04 PM

are you friendly with your neighbors? ask if any of them remember something similar happening, and how other people got out of it. Also, try to talk to some other people at the office about subletting.

adpiucf · #5 12-08-2005, 04:11 PM

can't Mr. AXiD670's new job pay to break the lease as you are relocating for this opportunity?

JennRN · #6 12-08-2005, 04:12 PM

Quote:

Originally posted by adpiucf
can't Mr. AXiD670's new job pay to break the lease as you are relocating for this opportunity?

That's what I was thinking too.
By the way, where are you moving?

WCUgirl · #7 12-08-2005, 04:16 PM

Mr. AXiD670's new job is paying for us to move. I don't think a broken lease fee is included in that deal.

We're moving to Charleston.

Rudey · #8 12-08-2005, 04:30 PM

There are a lot of ways out of housing contracts but it depends on the area.

In Chicago, the landlord must search for a replacement tenant for you. You can claim that they didn't do a good job and make a good effort and take them to court. Since it's impossible for the landlords to show they have made that effort, the landlord will lose. It's essentially a loophole that was created for tenant rights.

-Rudey

Tom Earp · #9 12-08-2005, 04:41 PM

Never heard of a Three Month payment if break the lease? That is such a lot of $$$$!

If it is such a nice Apartment, they should be able to rent it if there is not a lot of damage to it. They always say that though!

Bestest of Luck tho!!!!!!

kddani · #10 12-09-2005, 06:31 AM

Quote:

Originally posted by BetaRose
Getting evicted will make it almost impossible to find another place to rent in the future, and will seriously mess up your credit score. Avoid it if at all possible.

Big time agree with that statement.

I really don't know how to tell you to get out of it. You agreed to that provision when you signed the lease. Yeah, it's steep, but it keeps people from breaking their lease. And you guys signed on the dotted line.

Your lease should also talk about whether or not you may sublet, so read through it very carefully, even before calling the office again.

Some places, when you move it, have an option to pay a bit more each month for the ability to break your lease and not lose as much money. A lot of people who are building homes, or have a job that may require them to transfer, go for this option.

If it's really a big thing for you, pay a lawyer a couple hundred dollars to look at the lease and see what he or she says, and how the lease relates to your state's landlord tenant law.

WCUgirl · #11 12-09-2005, 11:51 AM

Yes, our lease says we may sublet, but we have to have the office's permission. And even if we find someone to sublet, they have to be approved by the office.

I don't need to pay any lawyers, since the one I hand the lease to is just going to turn around and have me do the research.

I asked one of them at work if he would look through my lease and figure out how we could break it, but before he even looked at it he said he was pretty sure we couldn't get out of it without paying.

I think we're just stuck.

bluefish81 · #12 12-09-2005, 01:17 PM

Quote:

Originally posted by AXiD670
Mr. AXiD670's new job is paying for us to move. I don't think a broken lease fee is included in that deal.

We're moving to Charleston.

Really? That sucks. Since my job is relocating me to a different state and I was locked into a lease they're paying all the fees associated with breaking my lease at my current apartment. My current apartment has a relocation clause it in though.

wrigley · #13 12-09-2005, 01:40 PM

Go over the clueless lady's head and contact the national company yourself. From what you mentioned, you can sublease and that they have to approve the subleaser. Go ahead and put ads up. You shouldn't be penalized because the property manager is on maternity leave.

See if you can negotiate with the management office if you can bring them approvable tenant. Depending on how long it takes to get someone to fill the space, maybe you can some of your money back. I'd take pictures of your apartment after you've cleaned it so they can't charge any additional fees for alleged damage.

Also ask hubby's job if they have any ideas. That's great that they're paying moving expenses.

Definitely do not go the eviction route. It's not worth the hassle.

lifesaver · #14 12-09-2005, 11:26 PM

Also...

See if the apartment complex has another complex in the town you are moving to. Often they will let you transfer if you are willign to move into a complex owned by the same company in another town. The company (apt) dosent lose a tennant that way.

Just a thought...

Good luck.

WCUgirl · #15 12-10-2005, 12:14 AM

No, they won't let us transfer our deposit or anything like that. The apartment where we moved from was w/ the same management company (in the same town, like two blocks away!) and they wouldn't let us transfer our stuff over.

Mr. AXiD670 went over and talked to them again today. They will not let us sublease, but out of the goodness of their hearts they will let us enter a six-month payment plan to pay our broken lease fee.