Breaking a lease?

4 Replies

Hi everyone,

A friend of mine is in dire need of your assistance. She is currently renting and apartment and done so for one year now, she just recently renewed her lease last month, due to the recent break in and other events that have taken place last week she would like to move.

Her apartment was broken into last night along with a neighbor’s apartment. Luckily no one was injured, but she is extremely frightened to go back, she is now three months pregnant and extremely stresses.

Any suggestion or loop holes where she can exit the agreement?

I understand its rather difficult for you to guide us because you cannot see the agreement, but any information would be greatly appreciated.

Thanks,

Jason

All that will happen if she moves is she forfeits her deposit. If she' stressed over the area being unsafe...and that's all ..she should just move.

Too bad she just can't get the landlord to let her move by allowing them to show the apartment, she picks up the ad cost and they both walk away and she gets her deposit back. No landlord I know wants someone in an apartment they're that scared to be in ...unless there's mitigating circumstances.,,like she's behind on the rent due to this unsafe occurrence, etc.

Originally posted by "dal1":
All that will happen if she moves is she forfeits her deposit.

I'd check the lease on that. The lease I use says that you're responsible for the entire term of the lease and failure to pay on time will result in the entire amount being due on demand, and that's all terminology I got from a standard lease that lots of people use. Now, it would take going to court, etc., to get a judgment before a landlord could ever collect, but that may be worth doing in some circumstances.

Since she lived there an entire year before renewing that lease, she may have a hard time getting out of her commitment. It would be one thing if she was duped into moving in and discovered the crime was worse than she had been led to believe, but obviously she knew what she was getting into after living there a year.

I do agree with dal1's idea about helping the landlord get that place filled. She might even be better off just finding someone to sublet. I think her best chance of walking out of this place is if she can keep the landlord happy (which means the rent coming in from someone).

Originally posted by "TN-Apprentice":
Originally posted by "dal1":
All that will happen if she moves is she forfeits her deposit.

I'd check the lease on that. The lease I use says that you're responsible for the entire term of the lease and failure to pay on time will result in the entire amount being due on demand, and that's all terminology I got from a standard lease that lots of people use. Now, it would take going to court, etc., to get a judgment before a landlord could ever collect, but that may be worth doing in some circumstances.

Precisely. I would definitely review the language of the lease that she signed. It's very likely that she's responsible for the monthly payments for the remainder of the term.

EDIT: I would agree that she should speak with the landlord and beg for mercy :)

All leases say you're responsible for the lease term; however, how many of us are going to enforce that while the apartment sits empty. Can't double rent legally. Also, how many students, and graduate students say they're staying until August and leave in May?

Also, landlord should want to get her out so that the question of the area by word of mouth doesn't affect his/her rents. An unhappy tenant is like an unhappy landlord. Alot depends on the time of year (how easy is it to rent) and has she been a good tenant up until now?

In this day and time, I don't know what you call it..but I'm definitely trying to make tenants happy..