Early Lease Termination (apartment, negotiations, renters, security deposit)

[tripod]

I have 3 mths left on my lease (jan,feb,march) and want to terminate right now. Do landlords generally negotiate at all or am I just basically stuck with paying those 3 remaining months in advance and then leaving? If I did that they wouldn't expect an early lease termination fee too, would they? What about my security deposit?

[Mrs.Bewitched]

Originally Posted by tripod

I have 3 mths left on my lease (jan,feb,march) and want to terminate right now. Do landlords generally negotiate at all or am I just basically stuck with paying those 3 remaining months in advance and then leaving? If I did that they wouldn't expect an early lease termination fee too, would they? What about my security deposit?

One year I left Three months early (July, Aug and Sept). My last month- Sept, was pre-paid for when we signed the lease. July we already paid for as we truly didn't know we were moving until last minute and had already sent in the check. We had to leave, it was a job transfer. When we left in the middle of June, we cleaned up the place to better than we moved into and took pictures and video tape of everything. They didn't need our security deposit for anything (we did receive the OK walkthrough report mailed to us from the company after we left). So, we had pre-paid for Sept and July was paid for and that only left August. Well, our security deposit which was not needed (as proof by their letter) was a month's rent, and that could have been used for August...and then they wouldn't have been short anything.

WELL. In the lease that I signed it does state that if you terminate the lease early they will come after you for two fees: an early termination fee and another fee that I forget. Each fee was two months rent (total of 4 months rent). Now I thought they would work with me here because if you really thought about it...I did have it all covered. But, they didn't and did hold me to what I signed. Within 7 days they got on my credit, and charged me 4 months rent. Of course I couldn't pay that!

We did work out an agreement for me to pay $1500. This was only a fee based on the contract....not what I owed in actuality (yes, I know I signed an agreement and I asked for it).

If I were you, I would try to talk to your landlord and get whatever in writing. Or, I would up and move out, BUT pay for those three months. Have someone you know every once in a while come and go inside your apartment. You didn't abandon it if you are stil paying for it. They can't come after you because you didnt' terminate any lease early...you're still paying (just not living). You don't want ridiculous fees and your credit affected.

[rain2day]

All states vary but in general you are responsible for the entire lease unless there is a termination clause. Look it over because some do put things in like "job transfer that is over 50 miles, etc".

The good news is the landlord can only charge you rent up until the unit is rerented. In other words they cannot accept two rents covering the same time period. Usually you still must give a 30 day notice (in writing).

The security deposit is only supposed to be for damages or fee's but like I said states can have different laws.

The best thing to do would be talk to your landlord because sometimes they will work with you. Also, leave the unit in the best condition possible. The less work a landlord has to do the faster he can rerent it - and it keeps the landlord happier during negotiations.

Just be sure to get everything in writing and take pictures of anything you may get charged for!

[tripod]

Thanks guys.

Because of my circumstances I wouldn't have the option of keeping the lease and simply paying each month until it's up. I would have to terminate so I'm wondering if they would likely accept payment for the 3 remaining mths now and not charge any additional fees AND still be willing to refund part of it should they re-rent the apt prior to when the lease would've been up. Almost forgot, there is an early lease termination fee of 1/2 mth rent but I really can't see them charging for that if I pay them for the remaining months in full.

[Mrs.Bewitched]

Whatever you talk about and agree to with them, get it IN WRITING. Every single detail.

[Eastern Roamer]

Originally Posted by tripod

Thanks guys.

Because of my circumstances I wouldn't have the option of keeping the lease and simply paying each month until it's up. I would have to terminate so I'm wondering if they would likely accept payment for the 3 remaining mths now and not charge any additional fees AND still be willing to refund part of it should they re-rent the apt prior to when the lease would've been up. Almost forgot, there is an early lease termination fee of 1/2 mth rent but I really can't see them charging for that if I pay them for the remaining months in full.

1/2 month rent termination fee is less than average. Typically landlords charge a full month. Also, check the notice requirement in your lease. If they require 60 or 90 days you'll need to give OFFICIAL notice then wait until then. Your so close, you might just be better off letting the lease run out. Make sure you give notice.
As long as you break you lease according to the terms, your deposit should not be affected.

[tripod]

Well I called the mgm't office and they said they'd ask the owner about me paying the 3 final mths up front, no early leave fee, and getting back money for feb and march should they get a new renter. They suggested that before I even said too much and it was exactly what I had in mind. Bad thing is apparently they couldn't contact the owner because they didn't get back to me today (they said that might happen) and that they might not be able to contact him by monday either which is the last day of the month. I told them I would move out on monday morning if he agrees but now it doesn't look so good. I also told them I could move on wednesday morning if it takes them that long but they said something about starting a new month ..bla bla.. which shouldn't matter much if they get the full month's rent and had nobody coming in anyways. So I'm not too optimistic but I guess by monday I should know for sure.

The other matter that complicates things is I'm renting with a section 8 voucher but my caseworker and a few others told me it's ok to terminate the lease early as long as the owner agrees but I'm not sure how HUD feels about people with vouchers paying several months of rent out of pocket in order to do that. Anybody out there know? Because I called my caseworker today and as usual she doesn't get back to me and I figured I'd just tell her that me and the owner are 'negotiating' an early lease termination and not say exctly how much I'd be paying because 3 mths rent is a little hefty at around 2 grand total. Any thoughts there? Will HUD be looking to string me up if they get word of a maneuver like that?

In case it matters I don't have an apeartment lined up and would be moving back home for at least 1 mth with no assistance from HUD and then either looking for a new apartment, applying for reasonable accomadation and using the voucher to pay a parent to live with them, or using the 'portability' option and transferring to another county and then finding something there. FYI, I'm not trying to pull any sort of scam here and would not be benefiting financially in any way by doing this.
Thanks for the mental strain it probably took to comprehend all that

[sonarrat]

I just broke a lease. The approach I took was to stage the place decently, show it, and find a new renter. He signed a new lease with the management, and so now I can move out normally in late January.

[Ultrarunner]

There is a possible problem... HUD will only pay for an occupied unit and the owner has an obligation to notify HUD if the unit is vacant. There is an exception for abandonment if the rent for that month has already been paid... HUD just won't be sending any more checks.

Once the unit is vacant, the HUD payments stop. I think everything hinges on the Landlord agreeing to early termination and realizing that his HUD payments stop when you move.

Perhaps the contract has such stiff penalties for early termination as an offset for the HUD payments?

Section 8/HUD does add a new level of complexity...

Let us know how it works out...

I missed the part where you mention using the voucher to pay a parent to live with them. HUD regs specifically prohibit payments to family members. Something to do about reducing program fraud and corruption.

[tripod]

Originally Posted by Ultrarunner

There is a possible problem... HUD will only pay for an occupied unit and the owner has an obligation to notify HUD if the unit is vacant. There is an exception for abandonment if the rent for that month has already been paid... HUD just won't be sending any more checks.

Once the unit is vacant, the HUD payments stop. I think everything hinges on the Landlord agreeing to early termination and realizing that his HUD payments stop when you move.

Perhaps the contract has such stiff penalties for early termination as an offset for the HUD payments?

Section 8/HUD does add a new level of complexity...

Let us know how it works out...

I missed the part where you mention using the voucher to pay a parent to live with them. HUD regs specifically prohibit payments to family members. Something to do about reducing program fraud and corruption.

They do allow early lease termination and they said it's my responsibility to handle that with the landlord but I don't know how they feel about monry passing hands for rent that was owed or other fees.

HUD does allow persons with disabilities to rent from a parent or sibling uder the rule of 'reasonable accomodation'.

Does anyone know of any forums that would be helpful for section 8 renters like myself?