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Old 10-07-2009, 03:42 PM
 
6 posts, read 20,914 times
Reputation: 10
Default HELP! Breaking lease early

We are renting a one bedroom apartment in a complex in central NJ. We want to rent a bigger apartment in the same complex, however, we were forced to sign a lease for another year as we were told that there were no larger apartments available at the time. So we had no choice but to sign a lease, the office assured us that if something becomes available we will only have to pay a termintation fee of 250$ and will be able to move when something is available.
Now there is something available and i said we would like to move, but i was told that we will be responsible for the fee of 250$ and for rent on our one bedroom apartment untill it is re rented, plus all repair fees. The basement under our apartment flooded causing our floor to warp and stand up, in one place about a foot above the floor.
The secretary at the office now says that she told us that we will be responsible for rent on our apt until it is rerented, which she did not. She only mentioned the fee of 250$.
What are our options? I really want to move into the bigger apt. I'm ok with paying the 250$ fee. Should we be held responsible for rent untill they find another tenant for our current apt? Or the fact that we are moving within the same complex, should void that.

The resigned lease doesnt mention anything about breaking the lease, it is only on the initial lease from 2 years ago.

Please let me know what i can do? I would hate to be stuck here for another 9 months.

Thank everyone in advance.
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Old 10-07-2009, 10:20 PM
 
1,441 posts, read 2,512,498 times
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It's typical in most managed places that you are responsible for the rent until the unit is re-rented.

I don't see what the floorboards have to do with this unless you want to use that as your "out" to get into a new apartment.

You should have had language built into your lease about upgrading your apartment for the 250 fee.

My question is this - have you just talked to the secretary, or have you talked to a higher up in rental management? If you sit down and have a talk, perhaps you can come up with a working solution.
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Old 10-07-2009, 11:42 PM
 
6 posts, read 20,914 times
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Thank you for replying.

Floor boards - yes i was hoping to use it as an "out". not possible?

I spoke to the lady in charge today, shes not a nice person at all (mildly put), and shes the one that told me about the re-rent process.

The thing is if we knew this would be the case we would have moved somewhere else before the 1st lease was up. But because the secretary assured us that it will not be a problem to upgrade, we stayed. Now its her word against ours, and of course they will take her word. (((((((((((
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Old 10-08-2009, 06:41 AM
 
Location: Middlesex County
46 posts, read 99,242 times
Reputation: 25
Is this apartment complex run by Middlesex Management??
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Old 10-08-2009, 06:46 AM
 
Location: NJ
1,589 posts, read 3,526,986 times
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Quote:
Originally Posted by SweepTheLeg View Post
It's typical in most managed places that you are responsible for the rent until the unit is re-rented.
I rented from a managed apartment complex and only lost my security deposit when I decided to move out early. I never heard of having to pay until the apartment is re-rented. If that was the case then what's to stop the management company from just saying they can't re-rent it and leaving the apartment vacant for a year until your lease is up.
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Old 10-08-2009, 07:55 AM
 
744 posts, read 838,128 times
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Quote:
Originally Posted by ansky View Post
I rented from a managed apartment complex and only lost my security deposit when I decided to move out early. I never heard of having to pay until the apartment is re-rented. If that was the case then what's to stop the management company from just saying they can't re-rent it and leaving the apartment vacant for a year until your lease is up.
They'd be breaking the law doing so, not that that stops everyone.

But if you signed a lease contracting that you will pay them $X/month for 12 months then why would you expect to not have to live up to your agreement because you decided you didn't like the deal anymore?
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Old 10-08-2009, 09:43 AM
 
Location: Edison NJ
1,845 posts, read 4,130,168 times
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I have done what you are trying to do as well as helped 2 family members do the same. In each case the management company was VERY helpful in trying to help find someone to re-rent the apartment. We had to also help in being available to let the management company in to show the apt. We also tried to give the prospective renters a good feeling about wanting to rent there instead of somewhere else. Luckily, I only had to pay one months additional rent and the 2 family members didnt have to pay any additional at all (other than the termination fee).

As for the floorboards, this should have been brought to the companies attention when it happened. If it was, and it was their decision not to do anything about it, they should not be able to hold it against you. If you simply didnt report it, you may be on the hook.

Good luck.
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Old 10-08-2009, 11:25 AM
 
6 posts, read 20,914 times
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Quote:
Originally Posted by PokingMyPancreas View Post
Is this apartment complex run by Middlesex Management??
its in middlesex county, not sure who the owners r though
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Old 10-08-2009, 11:26 AM
 
6 posts, read 20,914 times
Reputation: 10
Quote:
Originally Posted by ansky View Post
I rented from a managed apartment complex and only lost my security deposit when I decided to move out early. I never heard of having to pay until the apartment is re-rented. If that was the case then what's to stop the management company from just saying they can't re-rent it and leaving the apartment vacant for a year until your lease is up.
ive been renting on my own for 5 years prior to this and NEVER even heard of such an issue...
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Old 10-08-2009, 11:33 AM
 
6 posts, read 20,914 times
Reputation: 10
Quote:
Originally Posted by RobRiguez View Post
I have done what you are trying to do as well as helped 2 family members do the same. In each case the management company was VERY helpful in trying to help find someone to re-rent the apartment. We had to also help in being available to let the management company in to show the apt. We also tried to give the prospective renters a good feeling about wanting to rent there instead of somewhere else. Luckily, I only had to pay one months additional rent and the 2 family members didnt have to pay any additional at all (other than the termination fee).

As for the floorboards, this should have been brought to the companies attention when it happened. If it was, and it was their decision not to do anything about it, they should not be able to hold it against you. If you simply didnt report it, you may be on the hook.

Good luck.
they dont want to cooperate. the lady in charge told me "its a business.."
it makes sence for them to keep us in our apartment financially, cuz they will have a problem getting another tenant into this place, as there are other one bedrooms available and noone wants them. everyone wants the bigger appartments as they are only a 100$ more. so they want to keep us here, and rent out the town house thats available, as they wont have a problem doing that. so "financially" they get a better deal.

when we re-signed the lease we asked if we can upgrade, they told us there nothing available at the time, but later it wont be a problem to move just pay the 250$ fee. and i went back there a few times and they said nothing yet. the new lease started oct 1st, so it seems to me they were prostponing, untill the lease started, so we would get stuck. cuz now that we are stuck everything is available.

really feel like we got screwed here...
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