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Old 09-08-2016, 01:45 PM
 
111 posts, read 82,124 times
Reputation: 49

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My friend is stuck with a 12 months lease in one of those new buildings in RiNo, she is moving with her boyfriend and needs to break the lease, but still has other 9 months going on, Leasing office said she would need to pay the equivalent to 4 times her rent, which in my opinion is a bit excessive. I came out with the idea to sublet the unit but the leasing office said subleasing is not possible...

I was wondering if you can share some ideas, if any *Sight*
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Old 09-08-2016, 01:51 PM
 
Location: lakewood
572 posts, read 396,936 times
Reputation: 309
so, signed a 12 month lease... three months later, the lessor wants out.
basically?


are they moving out of the general area?
Is she needed for any lease signing in the near future?
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Old 09-08-2016, 02:00 PM
 
Location: Denver, CO
758 posts, read 581,635 times
Reputation: 1477
It is illegal for a landlord to collect double rent. So if they move out, and pay that 4 months of rent, they cannot collect money from a new tenant at the same time. So what you can do is ask them if you can re rent the apartment. Basically, someone comes in, checks it out, and then they offer to start a new 12 months lease taking over the current one (not a sublease).

I would have them put an ad on craigslist, and see if they can find someone interested (shouldn't be hard here). If you find someone, go to the leasing office together, and have them take on a new lease.

If they end up paying the 4 months of rent, they will have to stay on top of them to make sure they do not move in a new tenant. You can call the office and be like "hey I was wondering if unit ___ is available". If you find that they put the unit back on the market before the 4 months, you could probably take it up the small claims since it's illegal. Or you can send a certified letter stating that you have vacated the apartment on ___, and that you will be holding onto the keys until they find a new tenant. Then you can check up on the apartment to make sure they didn't sneak in someone new.
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Old 09-08-2016, 02:07 PM
 
Location: lakewood
572 posts, read 396,936 times
Reputation: 309
Breaking a Lease - Student Legal Services


the lease breaking fee, however exorbitant, may just be enforceable...
from my understanding - and substantiated by the link above...
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Old 09-09-2016, 03:53 PM
 
5,444 posts, read 4,813,077 times
Reputation: 15020
Quote:
Originally Posted by MN_Ski View Post
It is illegal for a landlord to collect double rent. So if they move out, and pay that 4 months of rent, they cannot collect money from a new tenant at the same time. So what you can do is ask them if you can re rent the apartment. Basically, someone comes in, checks it out, and then they offer to start a new 12 months lease taking over the current one (not a sublease).

I would have them put an ad on craigslist, and see if they can find someone interested (shouldn't be hard here). If you find someone, go to the leasing office together, and have them take on a new lease.

If they end up paying the 4 months of rent, they will have to stay on top of them to make sure they do not move in a new tenant. You can call the office and be like "hey I was wondering if unit ___ is available". If you find that they put the unit back on the market before the 4 months, you could probably take it up the small claims since it's illegal. Or you can send a certified letter stating that you have vacated the apartment on ___, and that you will be holding onto the keys until they find a new tenant. Then you can check up on the apartment to make sure they didn't sneak in someone new.
What you are stating is correct, but good luck with that if the building is corporation owned.


I was in the same situation where I was in a 6 month lease and 2 months into it, I started house shopping. This would give me plenty of time to find the house I wanted. Well, wouldn't you know, my wife and I found the house we wanted within 2 weeks and closing only took 2 weeks. This left 3 months on our lease. I talked with building management and explained the situation. They said that they would work with me and shop the apartment out (Keep in mind I had already moved out, cleaned the apartment, done the final walkthrough, and handed over the keys). Well, I continued to pay the rent per the lease and I didn't hear much. I periodically called the management office and they said that they had some interest, but nobody committing to it. Well, wouldn't you know as soon as my lease was up, someone moved in. I know this because I could see the apartment from the street. This leads me to believe that they knew my rent money was a sure thing so they didn't bother at all to shop it out. Then when they weren't going to collect anymore rent, they quickly found a new tenant.
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