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I am moving to a new city because of a job transfer which is going to be leaving my apartment before my lease is up. I have been in my apartment for 4 months, and I have a year lease. It was sudden transfer and I gave my landlord 30 day notice. He is staying that I am still liable for my rent until it is occuppied, however, he has had 2 units at my location alone available since I hav been there. Is there anything I can do to get out of this lease early without paying 2 rents?
Also, my job is not going to help out due to it being a lateral move.
CC
I am moving to a new city because of a job transfer which is going to be leaving my apartment before my lease is up. I have been in my apartment for 4 months, and I have a year lease. It was sudden transfer and I gave my landlord 30 day notice. He is staying that I am still liable for my rent until it is occuppied, however, he has had 2 units at my location alone available since I hav been there. Is there anything I can do to get out of this lease early without paying 2 rents?
Also, my job is not going to help out due to it being a lateral move.
CC
If I understand what you are saying, you have to leave your lease early and there are two vacant units in the complex.
I don' t know what state this is but in general terms, the landlord is right, you owe rent until your unit is re-rented. The landlord is under no obligation to fill your unit before the vacant ones though. You can imagine what most landlords do in this situation.
You might be able to help if you find your own prospect. Then present an offer for rental to the landlord, listing your specific unit as well as the price and move in date. Of course, the landlord will need to qualify the tenant but you do have a shred of hope if the landlord talks the prospect into one of the vacant units.
Other LLs have mentioned they would accept some kind of buyout. Somthing along the lines of 2 months rent and that ends the lease and any further obligation. You may want to try something like that to mitigate your losses.
Although with 2 other open units I'm not sure the LL would have much incentive to do that.
Surely they have a policy other than just "you're responsible for the rent". These things happen and although its no fault of the LL, we have to deal with broken leases at times.
Usually there is a penalty fee, you pay for advertising etc. Chances are it won't take 8 more months to fill the vacancy although yes, you are responsible for the rent until it is re-rented.
Is there anything about this in your tenant handbook or in the Lease itself?
The only thing in my lease is about abandonment. Which to be honest, I do not consider me moving for work abandoning my apartment/lease, especially when I have given 30 days notice.
The LL made the comment to me that they have invested in rennovating this property and have had 2 other tenants (during my 4 months here) vacate their apartments without notice and they are not making any profit on the property due to the rennovations, etc. I do not see how I am liable for them not budgeting their money while updating the property for these types of things.
I have been a good tenant and have paid my rent on time, and I have let things slide in my apartment that should have been fixed within the first week of me being there. I feel like I am being punished for the other bad tenants that the LL let rent in the building.
If the landlord is not making a profit on the place, he is in no position to be generous and let you out of your lease early. What the landlord has or has not done with the other tenants is irrelevant when it comes to your obligations under the lease. If you vacate early, the landlord is typically obligated to try and rent the place, but you are obligated to pay the rent until he does, or until the term of the lease expires. You can try to "negotiate a deal" which will allow you to vacate early, but make sure you put it in writing, otherwise the terms of the original lease remain valid. The landlord is under no obligation to "negotiate a deal" but it might be a better situation for him if he does, rather then have you just walk away from the lease. If you did walk away he could keep your deposit and sue you for any financial loss, but he would have to go so far as to take you to small claims court, and many are not prepared to go to that hassle, many are. Landlords with multilple rental properties usually are prepared to go to small claims court if necessary. If he takes you to small claims court, wins and you don't pay he will be able to put a claim on your credit report that will stay there for 10 years unless you settle it with him. Note: I'm not taking sides here, just sharing what I have learned.
But I guess what I am saying is that he would be more likely to strike a deal if he didn't have 2 other tenants walk out on him. And he told me when I originally signed my lease that he would work with me if I had to break my lease, etc. Now I do not feel there isn't any negotiation in regards to me giving him ample notice of my move. It isn't like i'm moving to another location in the city, I'm moving 5 hours away.
I feel like his lack of investment sense has screwed me. And just because he didn't account for tenants moving in and out when he invested in the property shouldn't be held against me. I feel that if those tenants were still there, he would be working with me to get me out of my lease.
But I guess what I am saying is that he would be more likely to strike a deal if he didn't have 2 other tenants walk out on him. And he told me when I originally signed my lease that he would work with me if I had to break my lease, etc. Now I do not feel there isn't any negotiation in regards to me giving him ample notice of my move. It isn't like i'm moving to another location in the city, I'm moving 5 hours away.
I feel like his lack of investment sense has screwed me. And just because he didn't account for tenants moving in and out when he invested in the property shouldn't be held against me. I feel that if those tenants were still there, he would be working with me to get me out of my lease.
It's irrelevant whether you're moving 5 hours or 5000 miles away, and your opinion of the LL's "investment sense" is likewise.
If you think an attempt at negotiating with your LL is an exercise in futility then don't but be prepared to show up in court with the possibility of a judgement against you affecting your credit rating for years to come.
You've been given some very good advice but legally you've not a leg to stand on.
I agree with every one who is stating that unless you find a good tenant that can take over the lease or sign a new lease, you are responsible to pay and the owner might sue you in small claims court and if you moves so far away and have to travel back, that will also cost a lot of money. Not showing up in court means you will lose the case so if I were you...I would go and talk to the owner and see if you can come to an agreement of paying maybe 3 month's upfront and sign a cancellation form if the owner agrees and that to me is your only option....IF your lucky.
Btw how did you get the other job? Did they call you or did you try to get a job over there....I think I know the answer...
But I guess what I am saying is that he would be more likely to strike a deal if he didn't have 2 other tenants walk out on him. And he told me when I originally signed my lease that he would work with me if I had to break my lease, etc. Now I do not feel there isn't any negotiation in regards to me giving him ample notice of my move. It isn't like i'm moving to another location in the city, I'm moving 5 hours away.
I feel like his lack of investment sense has screwed me. And just because he didn't account for tenants moving in and out when he invested in the property shouldn't be held against me. I feel that if those tenants were still there, he would be working with me to get me out of my lease.
You weren't screwed by your LL. You screwed you.
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