Lease breaking advice (Boulder: apartment, eviction, lawyer)

[nmace14]

I need advice on the legality of breaking a lease!

I have lived in my current apartment for less than a month. I just got a job offer out of the country and I have to leave this Friday...less than 5 days!! My apartment will not let me break my lease, however, they said that I could have somebody take over my lease. I have been talking to a few people about taking over the lease and trying to find a fit.

Last night, I came home and there was a huge hole in my ceiling! There was water and drywall all over the floor. Now, Im sure nobody will take over my lease. Is there any legal way I can make the apartment let me out of my lease because of this. There is nothing I can do about it, and I leave on Friday!!

Please help.

[cowboyxjon]

What does your lease say? Mine had a section about what would happen if I left before the term ended. (i.e., I had to pay a fee, plus a month of rent -- I bought a house and it was difficult to time the purchase of the house with the end of the lease.)

[nmace14]

It says that I am responsible for all six months of the lease, I cannot leave early.

But now with the hole nobody will take it, so I feel like there has to be a way to make them work with me.

[2bindenver]

The hole is whose responsibility? Colorado has a habitability provision. If you have to go, you have to go. The landlord has an obligation to mitigate their loss.

[Fran66]

Talk to a lawyer asap. But from someone who worked in the legal field for decades, I can tell you that the situation probably isn't in your favor. And this is just one reason why we never, ever sign a lease. The few dollars we think we're saving aren't worth it.

[nmace14]

The hole definitely isnt my fault. I think it was a problem with a pipe, or flooding from the unit upstairs, because there was water everywhere.

[JBPisgah]

Here's what a previous CD thread had to say:
http://www.city-data.com/forum/denve...ent-lease.html

And here's a link to Boulder's Landlord-Tenant Handbook, a lot of which applies to all of Colorado.
Landlord-Tenant Handbook CYF1CMS1

If the landlord does evict you for non-payment of rent, your liability ends.

"If a tenant leaves the premises before the end of the lease term in compliance with a landlord’s demand to vacate, the tenant may still be responsible under the terms of their lease to pay rent or other costs. However, Colorado courts view the election of the eviction remedy as terminating the lease, and costs owed by tenants may be limited accordingly."

At the very least, you will lose your security deposit. But you knew that.

[Fran66]

You do not want to be evicted. Just trying renting again -- anywhere. It won't happen.