How should I go about leaving (breaking a lease, tenant, renters, security deposit) - Apartments, houses, lease, tenant, landlord, agreements, termination - City-Data Forum

jkiss · 01-15-2012, 02:56 PM

We are in the middle of our 2nd year of our lease. It expires September 30, 2012. We have found a house we want to buy and would most likely close in March. I have no intention of not paying the rent for the full length of the lease if the company could not find renters. We have always paid our rent 2 to 3 days early and are on good terms with the company. The house will be left move in ready. (I clean professionally) We will also have the carpets professionally cleaned. So I guess my question is how and when do I tell the leasing company? Obviously not until we are certain we get the house. Also while my deposit isn't large would we be entitled to that back if they found tenants? BTW paying both rent and the house payment while not great would not strain us too much financially.We live in Missouri.

CptnRn · 01-15-2012, 04:32 PM

Quote:

Originally Posted by jkiss

We are in the middle of our 2nd year of our lease. It expires September 30, 2012. We have found a house we want to buy and would most likely close in March. I have no intention of not paying the rent for the full length of the lease if the company could not find renters. We have always paid our rent 2 to 3 days early and are on good terms with the company. The house will be left move in ready. (I clean professionally) We will also have the carpets professionally cleaned. So I guess my question is how and when do I tell the leasing company? Obviously not until we are certain we get the house. Also while my deposit isn't large would we be entitled to that back if they found tenants? BTW paying both rent and the house payment while not great would not strain us too much financially.We live in Missouri.

Each state laws are a little different. The Missouri laws are some of the oddest that I have seen. I could not find a clear statement in the laws regarding your situation. I found and linked to them here: http://www.city-data.com/forum/22557117-post24.html

It appears that for a year to year lease the tenant is expected to renew the lease for another year, some leases even have an automatic renewal clause. If you do not intend to renew you are expected to provide 60 days notice. Otherwise you are entitled to move out at the end of the time period stated in the lease. Check your lease closely to see what it says about terminating the lease.

I'm sure its not uncommon in Missouri that tenants sometimes need to terminate a lease before a full year is up. Your best approach is to be up front with the landlord about what you need to do and ask him to try and find a new tenant, but make it clear that you understand your obligation to the lease and that you will honor that obligation until he finds the new tenant. Try your best to work with the landlord but send them a written notice stating all of this and ask them to work with you to make this transition as easy as possible for both of you. In most states, given proper notice, the landlord has some obligation to work with you and try to find a new tenant to take your place. Your obligation towards the lease would be limited to rent until he does and any damages done to the property.

The brochure that you can download from the Attorney General's office says you can call the Consumer Protection Hotline: 800-392-8222 with questions.

Given the sum of rent monies you might be on the hook for it could be worth spending a little money to talk to an attorney to make sure you minimize your liability as much as possible.

STT Resident · 01-15-2012, 04:44 PM

Your situation isn't complicated at all, given that you understand that, worst case scenario, you're on the hook for rent for the duration of the lease. Give the LL as much notice as you can and in any event they are required legally to mitigate their damages. If you work with them in finding new tenants it should be simple. The security deposit shouldn't be an issue provided you leave the place spotless. Since it's a management company who you're dealing with it's a pretty fair bet that they do a "walk-through" prior to your leaving and at that point they should sign off on the condition of the place or, if there's anything they need you to take care, itemize same so you can deal with it. Always a good idea to take photos before you walk out of the door just in case there's any dispute. Hope everything goes through on the new house!

jkiss · 01-16-2012, 06:27 AM

Thank you so much for your answers. That is pretty much what I was expecting. I did take before pictures when we moved in. There are many slumlords here and I didn't want to get caught up in that. So I prepared myself before we moved in for that.

wireyourworld · 01-16-2012, 06:51 AM

Doesn't your lease specify the manner of notice needed when you leave? When my new tenant signed his lease just a couple of days ago, I also gave him a Notice of Vacate form, that is for him to fill out in the event he needs to break his lease. It basically reminds him of the fact that he's still liable for the entire lease, while notifying me in writing that he is leaving. I would check with your office and see if they have a similar form. If you're breaking your lease in the future there is no need to hide the fact if you intend to pay, you are not trying to get out of it. I know I would love 30 days notice, but if you're breaking a lease I don't know that it HAS to be thirty days, especially if you intend to pay, in Florida there is no requirement for the landlord to make an effort to re-rent the place if you break your lease. Anyway, when you have the house, and all is good for the most part, just see if you can schedule the closing for 30 days later and give your notice.

jkiss · 01-16-2012, 03:23 PM

I would never give them the slip. While my credit has never been perfect I have ALWAYS paid my rent on time no matter what. That has to be karma coming back at me since we have never had a problem renting. And I have always gotten 100% of my deposits back since I am a freak when it comes to cleaning.

bentlebee · 01-16-2012, 06:25 PM

We have a lease break clause included in our leases and it gives a tenant the possibility to break a lease and pay 2 month of rent and when they leave the place I good condition than they will receive their security deposit back.

We had it happen and they always try to give us 1 month and tell us to keep the security deposit but we make it very clear that is not how it works and in order to break the lease without consequences they will have to pay the 2 months first, often it come down to 1 month since we have in most cases last month rent in escrow.

jkiss · 01-18-2012, 05:20 PM

Well I now have the answer. Once we are moved out they will do a walk thru but we HAVE to find new renters if we don't want to pay until the lease ends. Sounds fair enough to me. I went in and talked to this this am so they wouldn't be surprised when they get something from the bank asking about our rental history.