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Old 01-30-2010, 08:05 PM
 
1,637 posts, read 3,602,935 times
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Hi, I was wondering if anyone knew of a good landord/tenant lawyer? We're looking to see if there is a way our of our lease early so we can buy a house. Want to do it legit and legally. TIA.
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Old 01-30-2010, 08:19 PM
 
Location: Plano, TX
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You can try to get the landlord to terminate the lease. However, legit, legally and ethically, I think typically the only way through most leases is if you are in the military and are being deployed. You've been here less than a month. Why not just save money for a few more months and move into your house near the end of your lease. It typically takes a couple of months anyway to get everything in order for closing.
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Old 01-30-2010, 09:50 PM
 
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Just read your lease. There should be a section that talks about terminating the lease. Usually you lose a month's rent as penalty. But if the landlord leases out the property within a certain amount of time, you may be able to reduce the penalty.

Talk to the landlord. if the property is "hot" and he knows it will rent within a few days/weeks of putting it on the market, he'll probably let you out of the lease with a minor penalty.
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Old 01-31-2010, 08:09 AM
 
1,637 posts, read 3,602,935 times
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Quote:
Originally Posted by compSciGuy View Post
You can try to get the landlord to terminate the lease. However, legit, legally and ethically, I think typically the only way through most leases is if you are in the military and are being deployed. You've been here less than a month. Why not just save money for a few more months and move into your house near the end of your lease. It typically takes a couple of months anyway to get everything in order for closing.
We'd be looking to terminate around June which would be when we'd be trying to close. Our lease will end Dec 2010. I'd really like to take advantage of the tax credit. Our last place had a buy out option of one month's rent extra. Unfortunately, this lease is pretty vague. I could try to sublet with management's permission, but that may prove to be a PITA.

My idea now is to consult a lawyer and attempt to re-negotiate the lease with the management company to a 6 month lease from the 12 month lease. Pay the higher monthly rent rate and what not, but be out in 6 months. Maybe it would work? I'm not sure. I'm just looking for options and a lawyer to consult. I appreciate the suggestion.
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Old 01-31-2010, 04:13 PM
 
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Just talk to the PM company save yourself the $$ of a lawyer.
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Old 02-01-2010, 11:26 AM
 
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Usually you are liable until the landlord is able to rent the property again (must make a reasonable effort) plus costs of advertising and reletting - be fair to your landlord, folks! He chose you out of everyone who wanted the property and now you are going to shaft him.
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Old 02-01-2010, 11:47 AM
 
Location: The Big D
14,874 posts, read 37,253,110 times
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Quote:
Originally Posted by mntnmama View Post
Just talk to the PM company save yourself the $$ of a lawyer.
Quote:
Originally Posted by Lakewooder View Post
Usually you are liable until the landlord is able to rent the property again (must make a reasonable effort) plus costs of advertising and reletting - be fair to your landlord, folks! He chose you out of everyone who wanted the property and now you are going to shaft him.


Agreed, do NOT get a lawyer involved from the get-go. That CAN make matters a lot worse. They may think your up to something else if you go in right off the bat saying things like your lawyer told you "x" and such. Just call and ask and no harm done in asking at all.
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Old 02-01-2010, 02:18 PM
 
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Unfortunately, I don't think this place is "hot property". I don't think we were competing with anyone for the place. They chose us because we fit the credit rating and income level needed.

I don't know how long it will take to re-rent the place. I guess I will start by talking to the manager. I mean, it's a corporate run place, so it's not like I'm going to shaft good ol' Mr. Johnson or something. We've already had our share of problems at this place that has left me with a sort of lack of respect for the management. Now, I try to be respectful at all times when interacting with the leasing office. Of course! I've worked in customer service, if you're nice to me, I'll be nice to you. I just don't feel all that bad trying to get out of the lease early. We're just numbers to them anyhow.

My main goal with the consultation of the lawyer, is to make sure that what I am intending to do will be legal. Also, if there is a loophole in the legalese of the lease, this would be helpful. I try to learn as much about the landlord/ tenant laws as I can. It's been helpful in the past. I don't intend on storming the office and saying "My lawyer this, my lawyer that!" I don't even think the mention of a lawyer to the management would be necessary.

I do appreciate the alternate points of view, and I do agree that chatting with the PM first would be best. I cannot do that without a plan "B" though.
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Old 02-01-2010, 03:01 PM
 
Location: Plano, TX
801 posts, read 1,947,775 times
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Quote:
Originally Posted by Mr.Bungle View Post
Unfortunately, I don't think this place is "hot property". I don't think we were competing with anyone for the place. They chose us because we fit the credit rating and income level needed.

I don't know how long it will take to re-rent the place. I guess I will start by talking to the manager. I mean, it's a corporate run place, so it's not like I'm going to shaft good ol' Mr. Johnson or something. We've already had our share of problems at this place that has left me with a sort of lack of respect for the management. Now, I try to be respectful at all times when interacting with the leasing office. Of course! I've worked in customer service, if you're nice to me, I'll be nice to you. I just don't feel all that bad trying to get out of the lease early. We're just numbers to them anyhow.

My main goal with the consultation of the lawyer, is to make sure that what I am intending to do will be legal. Also, if there is a loophole in the legalese of the lease, this would be helpful. I try to learn as much about the landlord/ tenant laws as I can. It's been helpful in the past. I don't intend on storming the office and saying "My lawyer this, my lawyer that!" I don't even think the mention of a lawyer to the management would be necessary.

I do appreciate the alternate points of view, and I do agree that chatting with the PM first would be best. I cannot do that without a plan "B" though.
Typically property management will try to do a good job with upkeep for the place since that's how they earn their money. Comb through the landlord tenant laws, and follow rules to a tee. Document your complaints and requests to fix them (certified mail, return receipt, etc.). Dot your "i"s, cross your "t"s, and if they don't want to maintain a decent complex, they'll probably do something to get you off their back or try to retaliate (sp?). Years ago, I was sued by Mr. Hall (the landlord), and won. The judge declared him to be in breech of contract and stated that he owed me money.
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Old 02-01-2010, 03:38 PM
 
1,637 posts, read 3,602,935 times
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Thanks compsci
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