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Our neighbors house fire burned our home and we where homeless. We had never rented before and where not thinking clearly when we signed our lease. We had just lost everything a week prior. The landlord is a lawyer and knew the insurance company would pay displacement. We are being charged $3000.00 a month for a 2400 square foot home in rural Nebraska. We have decided not to rebuild and are relocating closer to my failing health elderly father. Asked the landlord for an early release of our lease, received a letter from her today that she has listed the property for rent for the remainder of the lease. I can not find the listing online like she stated. There is no way she will find someone to rent this double wide trailer on a basement for that price. We have 5 months left on the lease, are we stuck the the full amount? What can we do?
I would like to tell you to give notice and walk. Ask for proof she is actually attempting to list it or has it listed. What does the lease say about early termination? There has to be a clause and just a penalty. She won't be able to get 5 months worth of rent if you decide to terminate. I would reread the lease see what it says about early termination and give 30 day notice IN WRITING. She may be able to get an extra 30 days or keep the deposit.
Lease states that the landlord has the option to terminate the lease or the landlord may still collect rent from the tenant until the lease is over. If landlords is able to release she can only recover the excess of rent under this lease over the rent from new lease. This landlord is a lawyer!!! There is not any rental in the whole state that charges as much rent as what we are paying. At the very highest $ 1800.00 a month for much nicer rental.
We really don't want to have to go to court. We have purchased a property close to my father. We would be willing to work with a buy out amount but not the full amount that she wants. The worst part is she did not buy this property to rent out. She has another property near here that she does not rent out. When she rented to us she told us she did not buy this property to rent out but she would because of the situation we were in ( homeless due to fire). She bought it because it was on a deeded lot. People don't rent properties for that kind of money when they could buy a home and have a smaller mortgage than what the rent is. We had a 6500 square foot home that we bought 3 yrs ago that the mortgage was less than that. Now it's all gone,
Our neighbors house fire burned our home and we where homeless. We had never rented before and where not thinking clearly when we signed our lease. We had just lost everything a week prior. The landlord is a lawyer and knew the insurance company would pay displacement. We are being charged $3000.00 a month for a 2400 square foot home in rural Nebraska. We have decided not to rebuild and are relocating closer to my failing health elderly father. Asked the landlord for an early release of our lease, received a letter from her today that she has listed the property for rent for the remainder of the lease. I can not find the listing online like she stated. There is no way she will find someone to rent this double wide trailer on a basement for that price. We have 5 months left on the lease, are we stuck the the full amount? What can we do?
I am truly sorry for your loss and what you've gone thru...but you did agree to this rental rate when you signed the lease. I understand you weren't thinking clearly and were in shock, but you can't say your landlord is out to ********* when you personally signed the lease agreeing to the terms.
You have three options: a) up and leave and let her sue you (dumbest idea of all, pls don't do this) b) offer her 2-3mths as penalty for breaking the lease (the norm around here) and c) staying where you are until the lease is up.
Good luck to you and please keep us updated as you can.
I am truly sorry for your loss and what you've gone thru...but you did agree to this rental rate when you signed the lease. I understand you weren't thinking clearly and were in shock, but you can't say your landlord is out to ********* when you personally signed the lease agreeing to the terms.
You have three options: a) up and leave and let her sue you (dumbest idea of all, pls don't do this) b) offer her 2-3mths as penalty for breaking the lease (the norm around here) and c) staying where you are until the lease is up.
Good luck to you and please keep us updated as you can.
Oh please. The LL f'ed them as soon as she made them that lease offer. I would go to court and plead duress. I just lost my house and EVERYTHING we own, and I sign a lease for almost double going rate? You seriously think these people were in a right state of mind when they signed that bs lease? Yeah you're right they did sign it but still just flat out wrong to do something like that. That LL is taking full advantage of a bad situation. I couldn't live with myself tryin to f people like that.
OP I would take the lease to a lawyer and see what they say to do. You may have a fighting chance. I hope you do
As unfortunate as the situation is, no court will rule favorably on such a case unless the plaintiff can prove that he was literally tied down and threatened with disfigurement or death if he didn't sign ...
How long do (did) you expect to remain there?
How long did the ins co say repairs would take?
How much of that rent is being (or was expected to be) paid by the Ins Co?
Quote:
We have decided not to rebuild...
A different discussion
Quote:
We have 5 months left on the lease, are we stuck the the full amount?
What can we do?
The same as anyone else who wants out of a lease.
a) look for an early termination clause
b) check state law on LL responsibility to re-let
c) strike a compromise between them
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