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I have a strange situation I need advice on. I’ve been renting an apartment since August and was offered a place that my friend owns, which would cost me way less money. I asked my landlord if she was ok with me breaking my lease for this opportunity and she agreed but said she doesn’t have child care and told me I needed to look for someone to replace me. There is no lease break clause in my leases The landlord is charging too much ($1600/month) for an old apartment that has no updates, no washer and dryer in unit and no pets allowed. I offered to pay $200 a month for the next tenants entire lease, even if it ends up being five years, just to get this process moving because no one was interested at $1600 but I had a lot of interest at $1400.
I’ve found 5 new potential tenants who have gone as far as asking for an application from the landlord but once they speak with her they disappear. I found out that the landlord has been telling these potential tenants that their rent will go up to $1600 in August, which would be absurd for them to handle and also makes no sense on her part because I was willing to pay $200 a month for as long as the new tenants are living there, not just until the summer. I really need to move as I’m about to be paying two rents now and can’t afford this. I have all of her emails to me agreeing that I can break the lease and the messages about her telling new tenants their rent would go up even with me offering to pay until their lease is up. I also agreed to forfeit the $2100 deposit ($1600 for one month rent plus $500 to have my cat) in the beginning all of this. What could legally happen here if I told her I’m leaving? It’s been almost two months of me showing the place and sending people her way who bail when she changes the amount of rent to something higher than agreed so am I just stuck here until someone who can actually deal with her doing this comes along?
She has to list it and do showings regardless of child care or what. You have to pay the full rent until the unit is re-rented. Don't know why you put yourself in the middle of her business though, that one is odd and didn't help you one bit. You could offer to buy out your remaining lease.
I always tell tenants they can pay 3 months rent when asked what a buy out would cost but I've got a very firm re-letting fee that does not release a tenant from rent until the end of the entire term. In the end for my tenants I refund the re-letting fee as long as they continue with rent until a new tenant is found so it always winds up cheaper for them to keep paying and on time.
You are out of luck. You signed a lease, and unless there are serious problems with the apartment that she won't fix, even after you've notified her by certified mail, and gone to court to escrow the rent to fix the problems, she could sue you for the rent for the rest of the lease.
If you really want out of it, I suggest you document absolutely everything that is wrong with the apartment. Also, is there an owner's meter for heat, electric, whatever? Is the wiring correct, so that you're not paying your neighbor's light bill? Look for any violation you can find. Send her certified notification, and then call the town's housing inspector. Make yourself into a legal nuisance for her, so that she'd be happy to let you out of the lease immediately.
Colorado Real Estate Broker here - call or click Home | Colorado Housing Connects 1-844-926-6632 will help you.
I do not have your lease to read, but it there is no provision for a penalty to break the lease - then there is no penalty.
Last edited by Mike from back east; 12-18-2017 at 08:59 PM..
The landlord has no obligation to drop the rent in order to mitigate your damages. You agreed to $1600 so there is most likely someone else put there who will pay that much.
Realky? You will pay $200 a month forever as long as the new tenant stays? What if they are the type that will move in and stay for 20 years?
I do not have your lease to read, but it there is no provision for a penalty to break the lease - then there is no penalty.
Not only is that wrong but it's the most ridiculous thing I've ever read.
A lease is a contract. The penalty for breaching a contract is that the breaching party pays the non-breaching party for any monetary loss suffered by the non-breaching party as a result of the breach.
The contract doesn't have to say that.
Contract law says it.
Last edited by Mike from back east; 12-18-2017 at 09:01 PM..
Reason: Fixing quoted material
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