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Old 10-26-2007, 09:42 PM
 
1 posts, read 19,432 times
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I am being laid-off in one week. I have been unable to secure employment that is near my current rate of pay, and unless I do, I will not be able to afford my rent next month. I am in a lease until next May. My lease states that if I break it, I would of course forfeit my security deposit, and also be "subject to additional charges." Can anyone please tell me if these "additional charges" would include liability for the remainder of the leases's rent? Am I liable to keep paying rent until they are able to re-rent the property? Please help. Thank you.
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Old 10-26-2007, 09:59 PM
 
1,173 posts, read 4,548,646 times
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Yup, that's pretty much it. You answered your own questions, correctly.
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Old 10-26-2007, 10:32 PM
 
Location: Las Vegas
152 posts, read 29,042 times
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Go speak with your apartment manager.

I know when I was faced with a possible job transfer, the only thing I needed to do was pay a pentalty of $700.00 (approx one month of rent) to terminate the lease prior to 6 months of it ending.

It may be possible for you to do it that way, but it likely depends on the management company. I am by no means a lawyer, but I dont think the landlord can come after you for unpaid rent through the end of the lease as long as you can prove that you were out of there on a certain date. The "additional charges" are likely any damages the apartment may have sustained that are not covered by your security deposit.

I would be more worried about screwing up your credit more than anything else. It might be wise to go see the manager and have an honest conversation about what is going on with your employement. You never know, they might work something out for you. I am sure you are not the first person this has happened to. There must be a work around.
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Old 10-26-2007, 11:12 PM
 
1,173 posts, read 4,548,646 times
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They certainly can come after him for the unpaid portion of the lease. It's a contract where he agreed to lease the place through a certain date. I'm sure there's no clause with an exception for job loss that would allow him out without penalty.

If he leaves early, he's still liable for the remaining amount of the lease that he agree to pay, unless the landlord leases the place to another person. The landlord cannot collect double rent for the apartment, so he's off the hook once someone else starts a new lease.

What Matt suggested is a good thing to do. Even though there are terms written into the lease, it's possible that the landlord may not fully enforce them if you talk to them and not surprise them one night. However, it's their option, and not the tenant's right, to expect such treatment.

He'll probably have better luck with such an accomdation if the apartment isn't a corporate-type facility. If it's a mom and pop owned apartment, they're often more flexible. Once a corporation gets involved, they tend to be more "by the book."
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Old 10-26-2007, 11:30 PM
 
Location: NW Las Vegas - Lone Mountain
15,756 posts, read 21,039,425 times
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Garth is exactly right on this one though he overstates the case.

They can go after you for every dime due on the lease. And they can, and likely will, take your security deposit as part of the deal.

However most urban rental agencies will negotiate to try and minimize their damages. The probablility of collecting the full lease amount from you is known to be very small. And they try hard generally to rent it again because they really don't expect to collect from you.

So go argue for an agreement. Push it. When they tell you no way escalate it a level or two. Won't cost you a thing. Be nice, polite and affirmative.

Won't cost you a thing...and may solve your problem.

They know you can check out in the middle of the night with no forwarding address. Give them the opportunity not to have that happen.
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Old 01-16-2009, 01:43 PM
 
3 posts, read 23,639 times
Reputation: 13
I signed a lease based on what a guy I work with told me. When I got the to place it was so riddled with pet ordors it was uninhabitable. I had profession come in and they told me things would have to be replaced. I contacted him and his business partner. They told me that they would do whatever was needed to rectify the situation. Two days later I got a call stating they had someone go in and clean.
I went back and it smell even worse now.
I have asked to get out of the lease based on the fact that the property was not represented incorrectly and they promised to make it right and took the cheapest way out.
I have asked to be release from this, I have been told they are now going to a management company and I will get a letter.
They both live in CA and the property is in Las Vegas.
I put down an 1800 deposit

I am usually not this silly and have never done this before, but am relocating temporarily and made the mistake of trusting a co worker

any help is appreciated
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Old 01-17-2009, 12:36 AM
 
Location: Kailua Kona, HI
2,723 posts, read 6,243,616 times
Reputation: 2382
Travelgal:
First, read the lease from start to finish that you signed. Now, there is probably a clause in there (if it's a standard lease and adheres to landlord/tenant laws) about defects in the home. You should write them a letter detailing every complaint. Send it certified mail. They should remedy within, say, 10 days (as per the fine print). Include the quote from "professional". Go to Justice court in the jurisdiction in which you live (N. Las Vegas, Las Vegas, Henderson?) and get the information on NV Landlord/Tenant Law.

If the place is unihabitable, they must, by law, remedy the situation within a certain length of time.

Lesson learned:
1. NEVER freaking sign anything like that again without seeing the residence.
2. NEVER move in without a personalized move in inspection with the landlord or his agent. Take photos, take notes. Get a copy of the inspection after they have signed it.
3. Worst case scenario, file a complaint and an action in Small Claims Court against them for actual monies lost (you cannot sue for pain and suffreing, inconvenience, etc).
4. Kick idiot co-worker promptly.
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Old 01-17-2009, 12:40 AM
 
Location: Kailua Kona, HI
2,723 posts, read 6,243,616 times
Reputation: 2382
Quote:
Originally Posted by katneedshelp View Post
I am being laid-off in one week. I have been unable to secure employment that is near my current rate of pay, and unless I do, I will not be able to afford my rent next month. I am in a lease until next May. My lease states that if I break it, I would of course forfeit my security deposit, and also be "subject to additional charges." Can anyone please tell me if these "additional charges" would include liability for the remainder of the leases's rent? Am I liable to keep paying rent until they are able to re-rent the property? Please help. Thank you.
By all means, go in person to talk with your property manager. You likely can pay the penalty and escape the dreaded broken lease situation. This can progress to an action in court against you, and be reported on your credit. They can also report you to a company like Tenant Tracker which is kind of like a credit bureau for tenants.

Get everything they tell you in writing; it is actually there in your Lease and Tenant Handbook and any other "rules" or handouts they gave you at move in.

When you do move out, be sure that the landlord is there in person to inspect the condo and sign off on the inspection. Any damage or loss that they attribute to you, should be fully documented and easy to prove. Normal wear and tear such as a few scuffs here and there does not require entire apartment to be painted, for instance. Make sure every square inch of that place is clean enough for a surgery to take place. Have carpets cleaned, fill nail holes, touch up the paint if you can, etc.
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Old 01-17-2009, 02:07 AM
 
471 posts, read 152,934 times
Reputation: 31
sorry to hear about that. hope everything works out...
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Old 01-17-2009, 03:15 AM
 
491 posts, read 633,694 times
Reputation: 676
As usual, Olecapt gives good advice. Also helpful stuff from Garth & others.

My take: Since you ARE liable for the lease & your deposit is at risk, approach the landlord. Be honest about your situation, that you'd like to find some middle ground. It's a negotiation, they need a 'win', as do you. Keep it a conversation, if you can - only put it in writing if you need to enforce something. (Basically, only put in writing what helps you - get them to commit & agree to something before you sign anything.) Be prepared to give up some or all of your deposit - how much was it compared to monthly rent? Depending on the numbers & the situation, you may need to pay some rent in addition to the deposit.

They're not going to let you off the hook for free, but they ought to be reasonable. While you're likely to have more wiggle-room with a small-time landlord (i.e. mom & pop), even a big management company will need to realize there's no point in chasing you for the entire length of the lease if the income isn't there. They'll pursue it if they have no other options, though, so give them a 'win' so you can get what you want. It's certainly worth giving some $$ so you don't wind up with bad credit, in court or worse.

Hope this helps,
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