getting out of lease problem

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getting out of lease problem

Steve Sdre
Member since 2010 · 12 posts · 0 votes

This is the problem. I rented an apt, signed a one year lease. Due to death in family had to leave after 5 months. Offered the landlord to pay an extra 2 month rent to let me out of lease, they refused. They said only subletting apt is allowed.

I left , and I am now paying for an empty apt each month until landlord find someone to rent it for the remaining 6 moths of lease.

I have reduced the apt rent 20% and still landlord says no one has come in to rent it.

How do I know landlord is actually showing the apt? It is an advantage for landlord to rent another apt rather than mine since I am paying rent for an empty apt anyway, and they can make more money by renting another one. I know they have many empty apts there.

Do I have any other options? They will not accept 2 months rent as a buyout to get me out of lease, and I do not think they are trying to rent my apt. At such a low rent I am offering, I find it hard to believe the apt is not rented yet.

thank you for any advice.

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Mike C
Real Estate Investor · OH · Member since 2008 · 194 posts · 89 votes
16y

You sound like the perfect victim, like a lot of tenants. If you can’t take responsibility for yourself and your actions, don’t sign a lease. But at the end of the day, no one forced you to move (sorry for your loss though) away. If you had to, you could have taken care of family matters and then stayed put and then tried to find a replacement tenant if they wouldn’t release you from the lease (as they have every right not too according to the lease terms). Had you gone to the landlord without the attitude that he owed you; you might have gotten some sympathy and worked something out. But as soon as you try to act like it is anything other than them doing you a favor and that they need to do what you want because you are smart and they can’t do that to you, you are in trouble and are now paying that price.

Vilifying the landlord because you don’t want to follow the lease terms might make you feel better today, but walking away is a mistake you will eventually pay for. Do yourself and family a big favor and think about what you are doing. Because in the end, it will be you who loses most when the landlord evicts and gets a judgment against you and you make it that much harder for yourself to find a place to live in the future. Because you tell this story to your new landlord and no nice place is going to take you. Or many less than nice ones as well.

You received some excellent advice about making sure they tried to lease it. Remember, this is an investors (i.e. many land lords) forum. They are taking it easy on you believe me and are not telling you what they so desperately want to.

Best of luck

Mike C

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  • Jim Wineinger
    Real Estate Investor · ten mile, TN · Member since 2009 · 1k+ posts · 374 votes
    16y

    Read your contract. It should state the penalty/punishment for breaking the lease.

    That is what you are bound to. If you disagree with their interpretation, then it is up to the courts. Your tennant/landlord laws should give you a clue.

    0Reply
  • Steve Sdre
    OP
    Member since 2010 · 12 posts · 0 votes
    16y

    The contract has no buy-out option, i.e. no break lease penalty in it. I offered to pay penalty 2 month rent, but they refused.

    The point is, yes, I signed the lease, but how do I know they are trying to rent the apartment after I left? By Law, they should try to rent it after I left. But if few months passes and it is not yet rented, even though I reduced the rent by 20%, what else can I do? I can't proof that they are not trying to rent the apt?

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  • Jim Wineinger
    Real Estate Investor · ten mile, TN · Member since 2009 · 1k+ posts · 374 votes
    16y

    How many units have been rented (comparable to yours) since you left? At what rate compared to your rate?
    lower, higher?

    These questions need to be answered, but they will not give up that information willingly, therefore the need for legal intervention with search and discovery motions.

    0Reply
  • Steve Sdre
    OP
    Member since 2010 · 12 posts · 0 votes
    16y

    My apt rent (after my 20% discount) is the lowest rent, not only in the complex I was in, but in all the other complexes around for the same size apt.

    They will not tell me how many units they rented. When I ask, they say it is slow and no one is coming looking for apartments to rent.

    It does not make sense to me that an apt, much cheaper than any other apt in the complex, would remain unrented for 2 months. This would mean that they are do not want to rent it as they have no advantage to rent it out since I am paying rent for it already.

    It seems to me that there should be a federal law about lease breaking and penalty. Landlord can't say one is not allowed to even pay lease breaking penalty. What is someone signs 10 years lease, and something happens and they have to leave after one day. They have to pay rent for empty apartment for 10 years because landlord will not even accept any penalty and they would not rent the apartment out?

    0Reply
  • Jon Holdman
    Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    16y

    I think you may misunderstand the "lease breaking penalty". Its a penalty for breaking the lease. Nothing more. Its doesn't absolve you of paying the rent until the end of the lease.

    Yes, if you sign a 10 year lease, and bail on day one, you're responsible for 10 years of rent.

    It is slow now. When I have a vacancy, I assume its going to be at least two months with no rent. Apartments are far worse because there are plenty of houses for rent.

    Sounds like this is a sizable apartment complex. If so, they will have records of when apartments are shown, leased, and vacated. These records will show if they have been showing yours and if the have vacancies in other similar units. Request copies of those records. If they refuse, or if you feel you're being wronged, get a lawyer and take them to court. The judge will decide. In many locations, the penalties for bad actions on the part of landlords are double or triple damages.

    0Reply
  • Bill Gulley
    Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
    16y

    Hi, your landlord must actively advertise and offer your unit for rent and make a good faith attempt to re-let the unit. I'd suggest you aks an attorney at A v v o, or in your area. So long as your rent is being paid there is not much incentative to find someone else to move in that unit. If the landlord has a prosepective tenant, don't you think they would rather rent a vacant unit? Many will do that. I'm not suggesting you simply stop paying, but if you did, either the landlord will file for a judgement which will give you an opportunity to present your case in court or they will forget the whole thing. If you bring up the fact that they have not made any attempt to rent your unit, and if that is the case, they may well forget the whole thing after a few calls attempting to collect more rents. They know if you are willing to fight the case and if they have made no attempt to lease your unit, they won't go there. You'll just need to take care of this on your own or seek legal assistance. We as landlords need to play by the rules too! Good Luck, Bill

    0Reply
  • Account Closed
    Real Estate Investor · Sentenhart, Wald · Member since 2009 · 110 posts · 75 votes
    16y

    The landlord has to market the unit and try to find a new tenant, but that does not mean you can't.

    You can place an ad on Criagslist and other sites and unlike the landlord, you can be flexible with the price so that your monthly loss is minimized.

    The place has been empty for two months, I would strongly recommend you start taking an active role in subletting it or finding a new tenant for the unit.

    1Reply
  • Steve Sdre
    OP
    Member since 2010 · 12 posts · 0 votes
    16y

    Jon Hodlman said:

    "I think you may misunderstand the "lease breaking penalty". Its a penalty for breaking the lease. Nothing more. Its doesn't absolve you of paying the rent until the end of the lease."

    But the lease has no lease breaking penalty in it. That is my point. And I do not see your point. If there is a lease breaking penalty, and the renter pays that and leaves, are you saying they still need to pay the rent for the rest of the lease term, even after paying the lease breaking penalty? Which state is this law in?

    "It is slow now. When I have a vacancy, I assume its going to be at least two months with no rent."

    I offered to even pay 3 months (not just 2 months) rent, and also offered that even if they rent the apt one day after I leave, they can keep the rest of the money. But they refused.

    My point, there should be a lease penalty clause in all rental contracts. I know I signed a lease, but in all other apts I rented from, they have a 2 month penalty for breaking the lease.

    0Reply
  • Jon Holdman
    Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    16y

    Yes. The lease breaking penalty is separate from the obligation to pay the rent. Its an extra penalty on top of ALL other charges incurred by the tenant for breaking the lease.

    If the lease said "if you break the lease and pay $XXX your obligation under this lease is terminated", then the situation would be different. That specifically says you can pay a specific amount and be out of the lease. Otherwise, the penalty is in addition to any other costs.

    Leases are negotiable. If you don't like something in the lease, discuss it BEFORE signing. Once its signed, you're committed.

    0Reply
  • Steve Sdre
    OP
    Member since 2010 · 12 posts · 0 votes
    16y

    "The lease breaking penalty is separate from the obligation to pay the rent. Its an extra penalty on top of ALL other charges incurred by the tenant for breaking the lease."

    This does not make any sense.

    Then why would anyone pay the penalty if they are going to pay the rent for the apartment anyway until it is re-rented?

    This is like paying double rent.

    I just love our capitalist system.

    0Reply
  • Jon Holdman
    Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    16y

    You pay the penalty because you've created a problem for the other party in your contract. You'll pay the penalty because you're legally obligated to pay it. If you don't like it, renegotiate the lease BEFORE you sign.

    Not that this matters to you, since you say your lease doesn't have such a penalty.

    Lucia gave you good advice. This sounds like an apartment complex and they may have 10 other units just like yours. As long as they're offering this to prospective tenants, they've met their obligation. You, OTOH, have this ONE unit you need to rent. Offer it on craigslist and say "I'll pay your deposit, first month's rent, and moving expenses" or whatever you're willing to offer. Make this particular unit the most attractive one in the complex.

    In many areas there are organizations that help with landlord/tenant disputes. Try googling for your area and terms like landlord, tenant, law, dispute, resolution, and such, and you might find someone who knows the local law and customs.

    0Reply
  • Marc Freislinger
    Flipper · Phoenix, AZ · Member since 2009 · 973 posts · 679 votes
    16y
    Originally posted by Steve Sdre:


    I just love our capitalist system.




    Me too! Let's continue to keep the government out of our business dealings! An agreement made between two people, or a person and a company does not need government oversight. If you don't like the agreement, don't agree to it! There are other complexes that will rent to you and include a lease breaking fee.
    1Reply
  • Mike C
    Real Estate Investor · OH · Member since 2008 · 194 posts · 89 votes
    16y

    Steve,

    What Jon is trying to convey is that you are responsible for the lease for the term specified in the lease period. If you move, that doesn’t absolve you of that responsibility. That is one issue. The other is some leases have a clause specifying additional fees and penalties for breaking a lease in addition to you still being obligated, legally and morally, to pay the lease through the lease term or until the landlord finds a new tenant. But if the lease had contained a “breaking lease penalty,†you would have been responsible for those fees as well. A third issue could be a release from lease clause that says you pay a fee and you are released from the lease.

    Another point is these are the reasons you read the lease to begin with before signing it so you know what happens in any situation that may come up. Now the landlord has to make reasonable efforts to rerent the unit, which is a pretty broad term open to interpretation. You may want to check to make sure they are trying to rerent it or that it hasn’t been rented (if they are unscrupulous). But not liking the fact you have to keep paying until it is filled is irrelevant. You signed the lease. If you go to court, you will lose in all likelihood unless they really aren’t looking for a tenant.

    Best of luck

    Mike C

    0Reply
  • Account Closed
    OR · Member since 2008 · 1k+ posts · 845 votes
    16y

    Sorry, Steve. You signed a contract. You read it before you signed it, and you signed it, so you are bound by the terms.

    Just because new tenants chose a different unit than yours does not mean the landlord is not showing yours. The new tenants might have wanted a different floor, further from the traffic, or closer to their friend in the building.

    I suggest that you HIRE someone to find a tenant for your unit. Any property management company will do it for a fee. You can do your own advertising on Craigslist and in the local paper, and then have your own agent show the apartment. Your agent won't show any other unit in the building because he is working for you, not for the building.

    It is ILLEGAL for your landlord to only show your unit. He must offer all available units to any applicant and let them choose which one they want. That is federal fair housing law. Fines for violating that law are steep. Your landlord is not going to break the law to rent your vacant unit first.

    By the way, be aware that if you sublet, you are still liable for any damage of any late rent, so I suggest that you choose your seb-let tenant very very carefully.

    0Reply
  • Bill Gulley
    Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
    16y

    Hi, find a friend to go over and look at the unit. See if the manager is trying to rent your unit or if the switch them to another unit. If they try to rent yours, read the above suggestions, try to rent it yourself, seelk legal council, see if a nonprofit entity assists tenants in disputes. If they try to swith your friend, then walk in there with your friend and tell them what you want done! Next time, read before you sign, that goes with anything you sign now, because everything you agree to in a contract, from renting an apratment to renting a TV or buying a car or insurance is not going to be written in your favor, so see how they are going to get to you before you sign it and understand how to play the game, lawfully and in good faith and how to defend yourself. Good Luck, Bill

    1Reply
  • Steve Sdre
    OP
    Member since 2010 · 12 posts · 0 votes
    16y

    I will pay rent for one more month, but will tell the manager that I will not pay any more after that.

    I have reduced the rent by $250 and I am paying the deposit for new tenant.

    And if after all this, they claim it is still not rented all this time (it would be almost 3 month then), then no one would believe that no one came to rent the apartment.

    It is the largest apartment of its class in the complex, and in the best location and cheaper than any other apartment in the complex and in the area now.

    No one would believe that for 3 months it would remain unrented unless they are not showing it.

    I can't afford to pay rent for 2 apartments. I am out of work and had to leave for emergency.

    If by march 1, they still did not rent it, let them go after me.

    0Reply
  • Account Closed
    OR · Member since 2008 · 1k+ posts · 845 votes
    16y

    It certainly can take 3 months to rent an apartment. Your landlord does not have to accept anyone and everyone. The landlord is allowed to have some criteria.

    My last vacancy took SIX months to fill. There were lots of applicants, but nobody I would allow through the door: no income, drug convictions, lies on the application, pitbull dogs, terrible landlord references, evictions on their record (one had three evictions!).

    Are you, by any chance, a tenant? Because you have been given some good suggestions, and you intend to ignore them all and do exactly the thing that will hurt you the most. Which I consider to be pretty typical tenant behavior.

    2Reply
  • Jeff B.
    Real Estate Investor · Lake Worth, FL · Member since 2009 · 263 posts · 92 votes
    16y

    You can't let you emotions and situation effect your judgement. A lease is a legally binding contract between two parties. When in small claims court the Judge may listen to the hardships you've been through but has to rule by the law Not emotions.

    This would be a good time to appeal to the landlord and see if they feel compassion for you. Do Not approach it like you deserve to be released from the lease because the apartments empty.

    If the person at the building you have been dealing with is not the landlord then ask for their name or business name and address. You need to have all your information gathered and be able to present the details clear and concise. Make sure you have documentation either in writing on an e-mail if they agree to some concession or release you from the contract.

    If you don't believe what we are saying record "Peoples Court" and watch how one of the lease cases progresses and you will understand power a lease contract has.

    0Reply
  • Steve Sdre
    OP
    Member since 2010 · 12 posts · 0 votes
    16y

    P NW said:

    "It certainly can take 3 months to rent an apartment."

    A large complex, with one apartment in it whose rent is discounted 20% lower than all the other apartments and its security deposit is also paid for, would take more than 3 months to find someone to rent it??

    Is this in the north pole?

    "The landlord is allowed to have some criteria.My last vacancy took SIX months to fill. "

    Then your must live in some place where only gangs and drug dealers live not to be able to find one good tenant to rent a good apartment for 6 months.

    My apartment that I left is a deluxe apt. In the best place in town, high class apt. Not some apt in the ghetto. It is in the most desired area in town.

    So, if landlord can't find one good tenant to rent this apt after 3 month, they are not being truthful.

    0Reply
  • Jon Holdman
    Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    16y

    You don't say where you are, so maybe the market is really good there. Vacancies are high right now. Every low-end apartment building in my rental areas has "free rent" and "move in for $1" signs out. High end apartments are similarly affected as people are doubling up, or going with middle grade apartments rather than nice ones. My grandma lives in a 300 unit building and they have dozens of vacancies. Many of the biggest and nicest units are vacant because residents are taking the smallest, cheapest ones. Since your unit sounds like one of the nicest, and presumably most expensive in town, it still may get passed over, even with the discount.

    Now, if you go back to one of my earlier posts, I recommended you ask the apartment management for information about what units are vacant, how many showings they have had, if your unit is being shown and if other, similar units have been rented. I would think that you situation entitles you to get some information about this. The suggestion to have a friend go try to rent an apartment similar to yours is a good one, too.

    I had a similar situation with a damaged rental car. The claims company wanted me to pay "loss of use" for the time the vehicle was in the shop. When I requested fleet utilization records to verify they had in fact rented all the cars in that class and were missing out on revenue because this car wasn't available, they backed down.

    Your discount is not indefinite, I'm sure. Even if you pay part of their rent for a few months, the rent goes back up to the full amount once those months pass.

    0Reply
  • Mike C
    Real Estate Investor · OH · Member since 2008 · 194 posts · 89 votes
    16y

    You sound like the perfect victim, like a lot of tenants. If you can’t take responsibility for yourself and your actions, don’t sign a lease. But at the end of the day, no one forced you to move (sorry for your loss though) away. If you had to, you could have taken care of family matters and then stayed put and then tried to find a replacement tenant if they wouldn’t release you from the lease (as they have every right not too according to the lease terms). Had you gone to the landlord without the attitude that he owed you; you might have gotten some sympathy and worked something out. But as soon as you try to act like it is anything other than them doing you a favor and that they need to do what you want because you are smart and they can’t do that to you, you are in trouble and are now paying that price.

    Vilifying the landlord because you don’t want to follow the lease terms might make you feel better today, but walking away is a mistake you will eventually pay for. Do yourself and family a big favor and think about what you are doing. Because in the end, it will be you who loses most when the landlord evicts and gets a judgment against you and you make it that much harder for yourself to find a place to live in the future. Because you tell this story to your new landlord and no nice place is going to take you. Or many less than nice ones as well.

    You received some excellent advice about making sure they tried to lease it. Remember, this is an investors (i.e. many land lords) forum. They are taking it easy on you believe me and are not telling you what they so desperately want to.

    Best of luck

    Mike C

    2Reply
  • Steve Sdre
    OP
    Member since 2010 · 12 posts · 0 votes
    16y

    to Mike C :

    Please spare me your lecturing attitude, as if you think you are the wise one.

    I have signed the lease yes, and I am paying rent still for an empty apartment.

    I tried to work with the manager, but they refused every offer. This was an emergency, and I offered to pay the amount they find resonable, but they refused to even accept any amount. I even offered to pay the whole rent for the remaining 7 months to let me out of the lease, but they refused.

    I just paid for one more month, and as of today, 2 months after, they told me that they showed the apt to ZERO persons.

    I reduced the rent, it is now 50% of original rent.

    You are blaming the tenant? in every other business in the world, there is an early termination fee. When you get a cell phone, and sign a lease, then terminate early, you pay a fee.

    The landlord is not showing the apartment to anyone. ZERO showing. Where I am now, no apartment last empty for more than a week. And an apt renting for 50% off, will not last empty for more than one second, but my apartment has been empty for 2 months now, and ZERO persons have been shown the apt.

    0Reply
  • Jon Holdman
    Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    16y

    Have they showed any units with that same floor plan or size of unit to someone? If nobody is looking at that floor or size, then you don't have much complaint. If they're leasing identical units to new tenants I think you have a very strong case they're screwing you.

    Again, the discount would motivate someone who want's your type of unit to take yours over alternatives. It won't motivate someone looking for cheaper place to take yours since the discount is only temporary.

    0Reply
  • Steve Sdre
    OP
    Member since 2010 · 12 posts · 0 votes
    16y

    "Have they showed any units with that same floor plan or size of unit to someone? "

    They just tell me it is very slow and no one is coming asking for a one bedroom apartments.

    I find it very hard to believe that for a large complex (more than 100 apartments may be if not more) that in 2 months no one came asking for a one bedroom apt?

    My apt is one bedroom, larger floor plan, good location.

    The problem i am in different state now and I do not know anyone in the state that I left to ask them to go there to do something.

    All what I know is that they tell me they showed it zero times, and they tell me it is very slow and no one is coming looking for one bedroom apt. I know they had many empty apartments in the complex before I left. So I am sure they are trying to rent the other apartments and not mine, but I have no proof. I just find it hard to believe.

    0Reply
  • Marc Freislinger
    Flipper · Phoenix, AZ · Member since 2009 · 973 posts · 679 votes
    16y

    Two things:

    1) As someone else said, they cannot direct people to an apartment, they can only tell them which units are available and let them decide where they want to live.

    2) We have not rented a one bedroom in at least 2 months. Everyone calling is looking for 2 or 3 bedrooms. I'm glad we don't have more empty 1 beds...

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