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jklein1323
LIF Adolescent
Member since 11/06 847 total posts
Name:
J
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Breaking a Lease Question
What do you think could/would happen if you break a lease on an apartment due to Financial hardship and you outright tell them YOU HAVE NO MONEY TO PAY THEM. The lease terms say if you break the lease you must give 60 days notice and pay 1 month rent as a penalty and for financial hardship they are saying 30 days notice and 1 months rent penalty. But the problem is you're not breaking b/c you're moving somewhere else (another complex or into a home you've purchased) you're breaking the lease b/c you absolutely no way can afford the rent anymore (due to loss of job/wages) and you're moving back with family......if you had the money to pay all their penalties you wouldn't be leaving in the first place..and to top it off they want it the day you move out and will not work out a payment plan.
I'm helping a friend who is going through this and my opinion is you can't give them what you don't have ...so what can they do take you to court..you have the financial records to prove you're not lying...but I'm not sure legally wise what could happen or whats right /wrong
Any thoughts? Experiences? Advice ?
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Posted 7/28/08 3:53 PM  |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Re: Breaking a Lease Question
Posted by jklein1323
I'm helping a friend who is going through this and my opinion is you can't give them what you don't have ...so what can they do take you to court..you have the financial records to prove you're not lying...but I'm not sure legally wise what could happen or whats right /wrong
Any thoughts? Experiences? Advice ?
The court will side in favor of the landlord. It really doesn't matter in the eyes of the law if the tenant has no money. The tenant is still responsible for the lease that he/she signed.
If the tenant gets taken to court, the tenant risks having a judgement slapped on their credit report. Not a good thing.
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| Posted 7/28/08 4:03 PM |
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jklein1323
LIF Adolescent
Member since 11/06 847 total posts
Name:
J
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Re: Breaking a Lease Question
Posted by ave1024
Posted by jklein1323
I'm helping a friend who is going through this and my opinion is you can't give them what you don't have ...so what can they do take you to court..you have the financial records to prove you're not lying...but I'm not sure legally wise what could happen or whats right /wrong
Any thoughts? Experiences? Advice ?
The court will side in favor of the landlord. It really doesn't matter in the eyes of the law if the tenant has no money. The tenant is still responsible for the lease that he/she signed.
If the tenant gets taken to court, the tenant risks having a judgement slapped on their credit report. Not a good thing.
True..but if he can't pay and then evict him what happens? Cause its either going to be this or that from what I"m understanding...he has nothing
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| Posted 7/28/08 4:11 PM |
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Beth
The Key to your new home....
Member since 2/06 24849 total posts
Name:
Beth
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Re: Breaking a Lease Question
Posted by jklein1323
Posted by ave1024
Posted by jklein1323
I'm helping a friend who is going through this and my opinion is you can't give them what you don't have ...so what can they do take you to court..you have the financial records to prove you're not lying...but I'm not sure legally wise what could happen or whats right /wrong
Any thoughts? Experiences? Advice ?
The court will side in favor of the landlord. It really doesn't matter in the eyes of the law if the tenant has no money. The tenant is still responsible for the lease that he/she signed.
If the tenant gets taken to court, the tenant risks having a judgement slapped on their credit report. Not a good thing.
True..but if he can't pay and then evict him what happens? Cause its either going to be this or that from what I"m understanding...he has nothing
the outcome will still be the same- judgement for the landlord- but if he says long enough to be evicted- he or she will owe even MORE
I would try to work it out with the landlord first-
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| Posted 7/28/08 5:01 PM |
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LittleBlueBug
Happy Mommy
Member since 9/06 4074 total posts
Name:
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Re: Breaking a Lease Question
I agree with the PP. Although it's logical that paying fees when you can't pay the rent is ridiculous, but unfortunately that's what your friend agreed to when he signed his lease. The courts will judge in favor of the landlord in this case. Maybe they can try to sit down with the landlord, and even the owner of the property, and see if they can make a deal. Understand though that they don't have to cut your friend any breaks. If he does not pay and the landlord takes him to court he can wind up with a judgement on his credit, and he will also be charged any court fees and possibly interest. It's actually cheaper to borrow from someone if they can to pay the landlord the penalty.
Personally we broke a lease, but for a different reason (not financial). It was an apartment in NC that was beautiful when we first moved in, but over the course of our time there the residents were taking over and destroying the place (i.e. the steel access gates were constantly being broken by resident's driving their cars into them, etc). Plus I was offered a job back in NY w/ more $. So we spoke to the leasing office, they were no help. We called the property owners and were able to to cut a fair deal with them based on our complaints. It's worth a shot to talk to them. Worse thing they can say is "no".
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| Posted 7/28/08 5:18 PM |
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jklein1323
LIF Adolescent
Member since 11/06 847 total posts
Name:
J
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Re: Breaking a Lease Question
Thanks for your feed back girls! I feel bad I wish I could help him..such a crutty situation!
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| Posted 7/29/08 11:04 AM |
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smdl
I love Gary too..on a plate!
Member since 5/06 32461 total posts
Name:
me
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Re: Breaking a Lease Question
Has your friend talk to the landlord? If the landlord refuses...well, your friend is stuck with the contract.
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| Posted 7/29/08 11:11 AM |
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qtdimps231
LIF Toddler
Member since 11/07 477 total posts
Name:
Diana
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Re: Breaking a Lease Question
i spoke with my landlord months before my lease was up and told them im looking to buy a house and won't be able to renew the contract. i also asked if i can do month to month. they said no, but if i renew the contract they'll put in writing that i need to give 60 days notice and i'll get my security deposit back with no penatly. i did that, and got their letter. when i got closer to closing i passed the 60 day mark and they said to give 30 days in writing. just have her to talk them. they may be easier than others.
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| Posted 7/29/08 11:40 AM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Re: Breaking a Lease Question
Posted by qtdimps23
i spoke with my landlord months before my lease was up and told them im looking to buy a house and won't be able to renew the contract. i also asked if i can do month to month. they said no, but if i renew the contract they'll put in writing that i need to give 60 days notice and i'll get my security deposit back with no penatly. i did that, and got their letter. when i got closer to closing i passed the 60 day mark and they said to give 30 days in writing. just have her to talk them. they may be easier than others.
That's great that your landlord was so accomodating.
I think the issue here is, the OP's landlord already gives the tenants "a break" for financial hardship by only requiring one month penalty and only a 30 day notice. I think that's pretty lenient.
I would ask them if they could waive the penalty or ask them to waive the penalty and give something like 45 days notice.
Message edited 7/29/2008 12:35:51 PM.
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| Posted 7/29/08 12:26 PM |
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jbellis74
LIF Infant
Member since 7/08 149 total posts
Name:
Jason
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Re: Breaking a Lease Question
The other thing is that it would most likely cost the landlord more money in legal fees that its worth to go through with the whole process.
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| Posted 7/29/08 2:05 PM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Re: Breaking a Lease Question
Posted by jbellis74
The other thing is that it would most likely cost the landlord more money in legal fees that its worth to go through with the whole process.
Not really. They can take you to small claims. And if it's a large building, they probably already have pre-paid legal (or a lawyer on their payroll).
There are also probably ways where they can slap you with a judgement on your credit report without any major lawyer fees involved.
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| Posted 7/29/08 2:21 PM |
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MrsBlueSash
Love my sailor
Member since 6/05 5793 total posts
Name:
Christian
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Re: Breaking a Lease Question
Maybe the landlord would agree to a payment plan for the amount owed? They just want the money in the end and no one likes to go to court if they don't have to.
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| Posted 7/29/08 2:21 PM |
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jbellis74
LIF Infant
Member since 7/08 149 total posts
Name:
Jason
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Re: Breaking a Lease Question
Posted by ave1024
Posted by jbellis74
The other thing is that it would most likely cost the landlord more money in legal fees that its worth to go through with the whole process.
Not really. They can take you to small claims. And if it's a large building, they probably already have pre-paid legal (or a lawyer on their payroll).
There are also probably ways where they can slap you with a judgement on your credit report without any major lawyer fees involved.
This is usually the case when you live in a building that is rent stabilized. Our landlord was all too happy to see us move out of our 1br apt in Bay Ridge Brooklyn because they can charge a totally different price to a new tenant.
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| Posted 7/29/08 2:30 PM |
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jklein1323
LIF Adolescent
Member since 11/06 847 total posts
Name:
J
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Re: Breaking a Lease Question
Posted by smdl
Has your friend talk to the landlord? If the landlord refuses...well, your friend is stuck with the contract.
he went to the leasing office to talk to them and explain the situation and they gave him the usual info (60 day /30 day thing), but the girl was calling the main company to see what they say...and well she still hasn't heard back from them. If they would work out a payment plan for the 30 days notice 1 mo. penalty that would be a great compromise..which I hope they are willing to do..the girl in the office said they want it the day you leave..but I would hope they would be willing to work with him. I can't see them taking him to court b/c its such a large company that it feels like that money they are losing is peanuts to them, but on the same hand I can see them taking him to court b/c they are a large company and probably have the means to do it. It just stinks! Its like when it rains it pours.
Message edited 7/29/2008 10:55:13 PM.
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| Posted 7/29/08 10:54 PM |
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