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01-30-2008, 09:21 PM
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Junior Member
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Join Date: Jan 2008
5 posts, read 5,709 times
Reputation: 10
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Breaking a lease - Please advice
I have about 8 months left in my lease. I live in privately owned condos. My neighbor upstairs (who owns his unit) is driving us crazy. He is literally making noises 24-7. we have utilized all our options: HOA, Talking to the bastard, Called cops, Complained to landlord who cant really do a whole lot as these are privately owned units. I wanted to break my lease. Any advice on what it may cost me or whats the best way to go about it?
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01-30-2008, 09:42 PM
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Dad
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Join Date: Aug 2007
Location: Clear Lake
4,909 posts, read 4,296,935 times
Reputation: 1148
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Read the contract you signed. Chances are you'll have to pay reletting (85% of one month) + any additional months someone doesn't live there, and say goodbye to your deposit. Chance at getting your credit screwed viciously and falsely. One viable option is to put an ad on Craigslist for a sublease. Sucker someone into it, y'all sign the paperwork, then skip on outta there and into your new place. Been there, done that.
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01-30-2008, 09:42 PM
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dreaming of a boat
Status:
"Having a Hill Country Christmas!"
(set 1 day ago)
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Join Date: Mar 2007
Location: Westover Hills/San Antonio
3,857 posts, read 3,123,821 times
Reputation: 1410
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01-30-2008, 10:26 PM
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Real Estate Agent
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Join Date: Jan 2008
88 posts, read 94,688 times
Reputation: 14
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Sounds like you may have my old neighbor, better you than me.
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01-30-2008, 11:00 PM
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Senior Member
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Join Date: Dec 2007
177 posts, read 168,093 times
Reputation: 31
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Just know however that if you sublet the place, the sublessee can leave the premises at the first sign of trouble, and you're still liable for his rent. (lawyer here).
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01-31-2008, 02:07 AM
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Junior Member
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Join Date: Jan 2008
5 posts, read 5,709 times
Reputation: 10
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Mr. Lawyer, I am asking for advice on how to break the lease....i am sure you know some tricks.
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01-31-2008, 07:48 AM
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Senior Member
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Join Date: Jan 2007
Location: Sarasota, Florida
190 posts, read 272,202 times
Reputation: 62
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Quote:
Originally Posted by tstone
Read the contract you signed. Chances are you'll have to pay reletting (85% of one month) + any additional months someone doesn't live there, and say goodbye to your deposit. Chance at getting your credit screwed viciously and falsely. One viable option is to put an ad on Craigslist for a sublease. Sucker someone into it, y'all sign the paperwork, then skip on outta there and into your new place. Been there, done that.
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Do the above with a twist.
Go to craiglist or where ever and find someone to finish the rest of your lease. Once you find someone, contact your landlord and tell them that you want out but you've found someone to take over the rest of your lease. He shouldn't care because he still gets his money.
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01-31-2008, 07:59 AM
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Dad
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Join Date: Aug 2007
Location: Clear Lake
4,909 posts, read 4,296,935 times
Reputation: 1148
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Quote:
Originally Posted by texags02
Just know however that if you sublet the place, the sublessee can leave the premises at the first sign of trouble, and you're still liable for his rent. (lawyer here).
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True, forgot about that one.
Make sure the sublease has an assignment clause, releasing you of responsibility.
Landlords can also say ''no'' to subleases. You may say ''he gets his money either way'' but that doesn't mean your landlord/property manager isn't a dumbass.
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01-31-2008, 09:11 AM
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Senior Member
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Join Date: Sep 2006
1,333 posts, read 1,205,034 times
Reputation: 518
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First, they can't just "take" your deposit for breaking your lease. It has to be applied to something, cost of reletting, cleaning fees, balance of lease, whatever.
I don't know what kind of lease it is, but the standard ones call for a cost of reletting that is 85% of one month's rent, plus the balance of the lease or until a new resident takes over, whichever comes first. (They cannot collect "double rent" by charging you for the 8 months left on your lease then turning around and re-renting it the next month).
I would be upfront with your Landlord and tell him you want out, and find out what his "criteria" is for tenants. If you can use craigslist and backpage to find a replacement tenant, which you should be able to do, see if he will just let you out of the lease if you can give him a replacement on a silver platter. I would even consider paying some fee or something to cover his costs for "prepping" the unit again for a new tenant. Chalk it up to lesson learned and go get a free standing unit or a house.
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01-31-2008, 09:34 AM
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Senior Member
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Join Date: Jan 2008
Location: Lake Conroe, Tx
523 posts, read 425,383 times
Reputation: 222
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About the only thing you can do short of joining the military or telling your landlord that an ex is stalking you is this. Go to the landlord and tell them that you want to terminate and for them to start marketing he property for others to rent. You will have to put up with folks coming into your home for showings though. After they find someone (if they do) you will still owe a one month penalty more than likely. You have to ask yourself what your sanity's worth...
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