has anyone ever broken a lease? (or a landlord?)

LauriLauri Posts: 748
edited November 2009 in All Encompassing Trip
Everyone here seems to have some interesting takes on a lot of different topics, so I thought I'd put this out there: I live by myself right now but I'm having trouble affording it and over the summer I tried to find to a roommate situation but it didn't work out, so I resigned my lease on Sept. 1. Over the weekend, my friend suddenly called me and said she found this great apartment and wants me to move in with her. Though I'd prefer to stay put (love my place and love living alone) this opportunity solves a lot of big money problems for me (and it's a nice apartment and good roommate situation). So we're signing a lease tonight. Therefore, tomorrow, I have to tell my landlord I'm breaking lease. I'm so nervous about this! I'm sure people do it all the time, but I would assume it's usually for an unforeseen job transfer or something like that. I'm giving in 60 days notice, offering to help find a new tenant any way I can. I just feel badly about this because he is such a great lanlord and keeps the place in great shape and the rental market in winter just isn't great. Has anyone had to do this before? Is anyone here a landlord? Do you have any suggestions about what I should/should not say when I give him notice? Any suggestions on what I can offer to help out?
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Comments

  • Jokertt14Jokertt14 Posts: 2,566
    if u have your mind made up . then just give your 60 day notice .. u should only have to give a 30 day . they are land lords . im sure u were not the first one to rent from them and u wont be the last .. peace... :mrgreen:

    if your worried on what to say : hello i found a new place that i can afford .. or closer to work . or moving in with a great friend . remember it is your life u don't have to give the full story . u might get charged the rest of your lease. and that would be the worst thing . if u are still in a lease .its all a tax deduction for that land lord . no worries !!
  • adam42381adam42381 Kernersville, NC Posts: 2,515
    I don't have much input other than personal experience. My wife and I were renting a townhome 3 years ago and found a different townhome that we planned to buy. We went to the landlord and told them we were going to be breaking our lease (we gave 60 days notice as well). The landlord wouldn't allow it and said they would force us to pay the remaining 8 months of our lease or they would take us to court for breaking our contract. The lender would not approve us if we were unable to break our lease so we were unable to purchase the townhome. Best of luck. Most rental agreements have stiff penalties for breaking the lease and some, as ours did, do not allow the lease to be broken at all.
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  • Drowned OutDrowned Out Posts: 6,056
    I'm a landlord... and I've broken nearly every lease I've ever signed :lol:...but nothing we tell you will make any difference, really (besides, landlord/tenant laws are all over the board in different regions) ....it all depends on your landlord or his boss. In most cases they will tell you you're free to go if they can find a suitable tenant within the 60 days... otherwise, you're on the hook at least until the vacancy is filled.
    There isn't much you can say or do to help your situation - you're basically at his mercy since you signed the lease (unless you can find a loophole or just cause for breaking it)....so I'd be doing the reverse of what you said in your post - give your notice FIRST and get a feel for where he stands, THEN sign the new lease. Otherwise you could end up on the hook for both.
  • Your lease should have some language in there about breaking it.

    If it's with a complex, it will probably be tougher than if it's just someone who has a few properties, but like said above it all depends on the landlord and your relationship with him/her.

    I only broke a lease one time, and it was with a landlord who I was with for like 8 years (and three different apartments), so it was easy.
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  • LauriLauri Posts: 748
    Your lease should have some language in there about breaking it.

    If it's with a complex, it will probably be tougher than if it's just someone who has a few properties, but like said above it all depends on the landlord and your relationship with him/her.

    I only broke a lease one time, and it was with a landlord who I was with for like 8 years (and three different apartments), so it was easy.

    Interesting results all over the map. It's just one guy who I think owns a couple houses, does everything himself. He knows I'm having trouble affording the place already, because I was trying to move out this summer. Unfortunately, it doesn't say anything in my lease about penalties for breaking, just that I have to give 30 days notice when I'm leaving. Edit: I just found the place in the lease where it talks about default. It just basically says I'm responsible for compensating the landlord if he can't find a new tenant. I'm still nervous, but I think it will work out ok...I hope...also my friend supposedly has a back-up roommate lined up, so if for any reason he doesn't let me move out I shouldn't be stuck in the new place...nerve wracking!
  • MayDay10MayDay10 Posts: 11,764
    Your lease itself will lay out the worst case scenario for you.


    It sounds like your landlord is cool, and sounds like you are cool about it, so it seems like you can find common ground. I WOULD NOT sign the 2nd lease until you know for sure that you can be free of your 1st lease without paying huge damages. It is always a must to get things in writing too. Technically you can speak to your landlord, agree to something, find a tenant, and later find a letter in the mail demanding the balance of the payments owed. Thats extreme, but still possible with a lease and nothing else in writing.

    A lot of leases also put the burden of paying legal fees on you as well.
  • polaris_xpolaris_x Posts: 13,559
    did you have to resign the lease in sept? ... normally here in ontario - you automatically go month to month and require only 30 days notice i believe ...

    if your landlord holds you to something you may have to sublease your place ... if your landlord is cool - then they will just let you leave ... hopefully, that's the case ...

    good luck
  • LauriLauri Posts: 748
    polaris_x wrote:
    did you have to resign the lease in sept? ... normally here in ontario - you automatically go month to month and require only 30 days notice i believe ...

    if your landlord holds you to something you may have to sublease your place ... if your landlord is cool - then they will just let you leave ... hopefully, that's the case ...

    good luck

    yeah there's not a lot of month-to-month leasing in these parts. I got to do that once before and it was good. would have been perfect in this situation.
  • polaris_xpolaris_x Posts: 13,559
    Lauri wrote:
    polaris_x wrote:
    did you have to resign the lease in sept? ... normally here in ontario - you automatically go month to month and require only 30 days notice i believe ...

    if your landlord holds you to something you may have to sublease your place ... if your landlord is cool - then they will just let you leave ... hopefully, that's the case ...

    good luck

    yeah there's not a lot of month-to-month leasing in these parts. I got to do that once before and it was good. would have been perfect in this situation.

    sorry ... i should add that you get to go month to month after you've stayed a year ...
  • LauriLauri Posts: 748
    polaris_x wrote:
    Lauri wrote:
    polaris_x wrote:
    did you have to resign the lease in sept? ... normally here in ontario - you automatically go month to month and require only 30 days notice i believe ...

    if your landlord holds you to something you may have to sublease your place ... if your landlord is cool - then they will just let you leave ... hopefully, that's the case ...

    good luck

    yeah there's not a lot of month-to-month leasing in these parts. I got to do that once before and it was good. would have been perfect in this situation.

    sorry ... i should add that you get to go month to month after you've stayed a year ...

    yeah I got that implicitly :). but yeah I've been there for over 2 years now, no month-to-month option.
  • 8181 Needing a ride to Forest Hills and a ounce of weed. Please inquire within. Thanks. Or not. Posts: 58,276
    i broke a lease once. moved out end of may, lease ran thru end of october (or november).

    it was with a complex. i had to pay two months rent and that was that.

    i was moving two states over for a new job.
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  • ByrnzieByrnzie Posts: 21,037
    Dead Kennedys : Let's Lynch The Landlord

    The landlord's here to visit
    They're blasting disco down below
    Sez, "i'm doubling up the rent
    Cos the building's condemned
    You're gonna help me buy city hall"

    But we can, you know we can
    But we can, you know we can
    Let's lynch the landlord man

    I tell them 'turn on the water'
    I tell 'em 'turn on the heat'
    Tells me 'all you ever do is complain'
    Then they search the place when I'm not here

    But we can, you know we can
    Let's lynch the landlord
    Let's lynch the landlord
    Let's lynch the landlord man

    There's rats chewin' up the kitchen
    Roaches up to my knees
    Turn the oven on, it smells like dachau, yeah
    Til the rain pours thru the ceiling

    But we can, you know we can
    Let's lynch the landlord man
  • CJMST3KCJMST3K Posts: 9,722
    If you're really happy with your landlord, maybe tell your landlord your situation (except that you've already signed a lease elsewhere) and say "I just can't seem to be able to truly afford this apartment anymore, and now my friend has an opportunity in 60 days for me to move in with them - can we arrange to end my lease in 60 days?".

    He may appreciate you coming up to him in a seemingly upfront way, and may better sympathize with you and be more flexible with you if you're "asking for help" as opposed to "telling him what you're doing". Know what I mean?

    You are probably legally liable for the current apartment, so do EVERYTHING you can to be nice. If you're insistent from the start that you're moving out regardless of the contract, it'll be that much more difficult with the landlord. Use honey, not vinegar, to get the bees.
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  • LauriLauri Posts: 748
    CJMST3K wrote:
    If you're really happy with your landlord, maybe tell your landlord your situation (except that you've already signed a lease elsewhere) and say "I just can't seem to be able to truly afford this apartment anymore, and now my friend has an opportunity in 60 days for me to move in with them - can we arrange to end my lease in 60 days?".

    He may appreciate you coming up to him in a seemingly upfront way, and may better sympathize with you and be more flexible with you if you're "asking for help" as opposed to "telling him what you're doing". Know what I mean?

    You are probably legally liable for the current apartment, so do EVERYTHING you can to be nice. If you're insistent from the start that you're moving out regardless of the contract, it'll be that much more difficult with the landlord. Use honey, not vinegar, to get the bees.

    oh I agree 100%. The problem is, around here, you really have to sign a lease immediately, even in the off-season. So we signed a lease tonight. It's saddening, because the landlord is out of state, and he's got some building manager and real estate broker doing his dirty work. My current landlord is really a good guy! I'm just not even spending my own money anymore- I'm spending my parents' money! It's embarrassing, and honestly, I couldn't, in all good consciousness, keep doing so when there's a good opportunity to save money presenting itself. So I've signed the lease. As I said, my lease basically makes me responsible if he can't find a replacement tenant. I'm going to be as nice as possible, but basically, I have to move out. It's the right thing to do.

    The positive thing is, the broker we are working with said it's an unusually busy rental market for this time of year. the broker said a lot of people have been moving in from out of state with new jobs. I'm really hoping that helps. I obviously will pay any fees I' m liable for. I'm just worried that I'll appear irresponsible, etc. In fact though, I'm being pretty responsible by taking this opportunity. Hell knows I'd rather stay here and continue being an adult without a roommate!
  • LauriLauri Posts: 748
    My landlord was totally cool with it! He just needs me to help show the apartment, which I am perfectly happy to do!
  • CJMST3KCJMST3K Posts: 9,722
    Awesome! What did you tell the landlord?
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  • LauriLauri Posts: 748
    CJMST3K wrote:
    Awesome! What did you tell the landlord?

    I just told him that my friend presented me with this really good deal to move in with her, and though I wasn't planning on moving my financial situation made it too good to pass up. I also told him I intend to comply with all my obligations, that I'll help find a replacement, and that I loved the apartment and am sad to leave.
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