Monday, August 23, 2010

I have 6 months left on my lease but I want to get out of it. Any advice as to how I can do this?

I also want to be sure that I dont encounter any legal issues and Im hoping to get my last month deposit back....I have 6 months left on my lease but I want to get out of it. Any advice as to how I can do this?
finding another tenant may help, so that the lessors don't lose any income from your actions. But they have to agree to it, before you can do anything. Ask them what you could do that would be acceptable to them.I have 6 months left on my lease but I want to get out of it. Any advice as to how I can do this?
Talk to the lessor and see if he would be kind enough to accommodate that the contract of lease be rescinded and for you to get your one month deposit back. I doubt that he would but I might be undermining a person's degree of compassion. If he is not amenable to it, you can try asking if you can sublease (you will lease the premises out to another for the next 6 months) or if he will agree to your terms so long as you find another one to take your place.
Legally, there is not much you can do, and most contracts prohibit subleasing.





However, you can get out of your lease if your landlord is reasonable and you help him out. I got out of my lease by doing the following:


1. I gave my landlord as much notice as possible (so he could find another tenant and not lose money). You could even find another tenant on your own.


2. I made sure my apartment was clean, clean, clean. A landlord is much more willing to help you if you show you care about his situation. He can show the apartment to full advantage if it is spotless.





You should be able to get your deposit back if your apartment is sparkling clean. Make sure you get the apartment inspected and get the deposit or at least a written promise for deposit return before you leave.
Read your lease. If there is a clause regarding an early lease termination fee, you are responsible to pay it as it is on your lease.





If there is no early termination clause, you are going to have to negotiate with the landlord.





Go into negotiations with the understanding that the landlord has no obligation to let you out of your lease, especially at no cost to you. The landlord would be doing you a favor, so do not go at him as though he ';owes'; you anything or that you have the upper hand. You don't.





Some states require the landlord to mitigate the damages by attempting to find a replacement tenant (at your cost), but others (Florida, for one) allows the landlord to leave the property empty for the remainder of the lease and collect monthly rent from you. Find out whether your state requires mitigation of damages or not.





Understand that the landlord can hold you liable for the rent until a replacement tenant is found or the lease expires. The landlord can hold you liable for any costs that he may incur due to your breach, such as but not limited to - advertising costs, agent fees, etc.





Let the landlord know that you wish to move out and are willing to have the place clean, ready to show and available to show as much and as often as the landlord needs.





Pay for advertising - you are liable for the cost anyway.





Offer to vacate a few days early if a tenant is found, so the landlord can make sure the place is clean and move in ready.





Any lapse (even if only days) in rent payment will fall on you. It is to your benefit that the landlord find a replacement as quickly as possible.





If the landlord finds a tenant to move in as soon as you move out, your obligatons have ended. The landlord has suffered no loss and has no right to withhold your security deposit as long as you have caused no damage to the property and paid any costs incurred due to your breach.





If the landlord has not found a tenant by your move out date, you are on the hook for the rent. The landlord can deduct any damages to the property, any costs incurred due to your breach and any rent monies owed from your security deposit.


Further, the landlord can sue you for any damages or rent above the secuirty deposit amount.
Sublet. You can't get out of a signed contract, but you can have another person sublet the apartment and pay on your behalf for the remainder of the lease. (Check to see first if subletting is allowed in the contract you signed with your landlord.)
Look over your contract, and see if there is an escape clause that you can use. If there isn't then, you're pretty much hosed unless you don't mind ';buying off'; the rest of the contract and paying the remaining six months of rent up front.
talk to your landlord. or make up something if you want. maybe its 'wrong' but say that someone is sick and you have to go move to take care of them. :) something like that.. be clever.
give your landlord as much notice as possible and try to find a replacement tenant to suggest to them
Find someone to move in right after you. So one month you pay, the next month your moved out and the other people pay .
Give 30 day notice here that is all that is required
check your lease agreement, but if it's just because you want out, odds are you can't without building up huge fees!

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