How can we get out of a lease (Austin: leasing, credit rating) - City-Data Forum

FreeAsABirdNow · 08-12-2010, 10:47 AM

if the homeowner doesn't allow us to find replacement renters? The lease for this house goes 12 months and it's month to month after that. Any renter could end the lease at any time after the 12 months is up.

We are waiting to hear back from the homeowner since Monday. The lease says that replacement renters can be found IF the homeowners allow it. The renters would be found and screened by the property management company we currently deal with. We will have to lose our deposit and possibly pay a fee for advertisements. We do not care as long as we can leave.

We have a high credit rating and simply leaving the home is not an option. Our lease doesn't expire until May. We have a very good reason to leave but cannot share the details with anyone (including the homeowner unfortunately).

This house is in RR. Any ideas?

CptnRn · 08-12-2010, 10:58 AM

Your best bet is to try and work with the property owner. You have a lease, a contract that spells out your obligations. Comply with all of the requirements and document everything in writing.

The Austin Tenant's Council website has some good information regarding your rights as a renter in Texas. http://www.housing-rights.org/brochures.html You should familiarize yourself with the information here. Unfortunately the website does not seem to be working at the moment.

The landlord has an obligation to try and find replacement tenants for the property. Are you renting from an individual or a leasing company? Individuals tend to be more cooperative then companies.

FreeAsABirdNow · 08-12-2010, 11:16 AM

Thanks for replying.
We are renting this house through a property management company, but we have met the landlord and have his contact info. He has a large business and there are many ways to reach him.
We brought our letter stating our intent to the property management people on Monday. I called them today and was told that they have sent the letter on to the homeowner. I was also told they have emailed and called the homeowner and have not heard back.

I'm tempted to contact the homeowner myself, but the property management people sounded like they are afraid to make this guy mad by "bothering" him with our issue.
I feel like putting actual human emotions to the situation might help him to understand what we are going through and that we are just trying to do what is best (and safest) for our family. We aren't trying to screw the guy over. In fact, we are landlords ourselves. Our last renter had to be evicted, but our management company found replacement renters right away and everything is fine.

I'll check that link later and see if it's back up.

rickc007 · 08-12-2010, 11:40 AM

Isn't there a lease break fee in the lease ?

I have done this quite a few times, no harm, no foul, just
time to move. I forget the exact percentage, but I think it's
like 70% of 1 months rent.

jennifw · 08-12-2010, 11:52 AM

I am sure you are anxious, but could it be that the guy is on vacation? With school starting in two weeks, a lot of people are doing the last minute out-of-town thing. I would be concerned if you don't hear by Monday. (one week to respond/reply).

I also wonder about the reason you are moving. If you are renting from an individual, you may have to play on the emotional side to break your lease or face the financial penalty of breaking the lease. (I am not asking you to post it here, just saying that if you tell someone "I am moving and I can't tell you why" puts their defenses up)

Best of luck to you.

FreeAsABirdNow · 08-12-2010, 12:24 PM

No break lease fee.

The owner could be on vacation. I did consider that for sure.

We did tell the property management people a few more details about the situation. They know it's very serious and that we are under a massive amount of stress right now.

If the owner says no (which I honestly cannot fathom unless he's on some kind of twisted power trip), I plan on contacting him and totally laying it out on the line. I will hope that the Christian fish he has on his business card is an indication that he's a compassionate person.

AustinSpartan · 08-12-2010, 12:58 PM

Quote:

Originally Posted by FreeAsABirdNow

No break lease fee.

The owner could be on vacation. I did consider that for sure.

We did tell the property management people a few more details about the situation. They know it's very serious and that we are under a massive amount of stress right now.

If the owner says no (which I honestly cannot fathom unless he's on some kind of twisted power trip), I plan on contacting him and totally laying it out on the line. I will hope that the Christian fish he has on his business card is an indication that he's a compassionate person.

He's a landlord, money is more important to him.

FreeAsABirdNow · 08-12-2010, 01:39 PM

Quote:

Originally Posted by AustinSpartan

He's a landlord, money is more important to him.

Well, why would he care if we got replacement renters? He won't be out a dime and we have said we will cover all the fees.

ETA- I am also a landlord and didn't care about my last renter leaving. I just wanted new renters in asap. I'm not even sure why the company we are renting from requires permission from the homeowner. We weren't asked if it was okay for our renters to leave. I mean, if they want to leave, I don't care as long as the fees are covered.
It seems to me it's not in his best interest to have renters who don't want to live here. Where is our incentive for doing more than bare minimum when it comes to caring for the property? There is none.

orbius · 08-12-2010, 02:15 PM

Landlords can add fees and penalties on top of the rent they're due if you break the lease. Theres actually a financial incentive for a landlord to sue rather than settle with the homeowner.
Your best bet instead of a sob story is to offer the landlord some money to let you break the lease and be sure to tell him without being confrontational that this is all you can pay him because you have no money in the bank and no employment prospects.(aka making him less likely to want to sue you)

FreeAsABirdNow · 08-12-2010, 02:24 PM

orbius, he is already getting nearly $2,000 from us in addition to our agreeing to remain here and cover all expenses for advertising and house cleaning (which was NOT done when we moved in as this house was disgusting) until new renters move in and start paying the rent.
The man will not be out one dime.
I just don't see how it benefits him in any way to hold us here if we don't want to be here. Once they find replacement renters, he'd be getting rent and we would be on our way.
The fact is, we'd be f****d if he sued us. We cannot afford it, but if he won't be reasonable and let us find replacement renters, he won't care. He is aware we own a house and would bank on that more than likely (hahaha we are upside down by 40k on it).