How do I terminate my Apartment Lease in Seattle? - it cant be as hard as my managers are making it... (Olympia: sublet)

[JoannaHC]

SO here is the situation, bear with me its a bit long,

Me and 2 of my roommates signed a 1 year lease, 5 months into the lease both my roommates lost their jobs (they are also students at the near by university) and are now unable to make rent, after much discussion they would like to move back home to their parents homes.

When we spoke to our managers, they informed us that we would be financially obligated for the term of the lease. Most apartment leases usually allow a termination fee of some sort so I was very confused that we could not do anything to get out of our lease, even when we explained our situation to the managers. The managers then told us that they would discuss the matter with the landlord. After 2 weeks with no return contact i began to continually call and leave messages for a response. The managers then told us that the lease states that they cannot terminate, but they would allow us to find subletters. BUT after reviewing the lease, the lease does not mention anything about early terminations instead in large letters it states NO SUBLETTERS. The managers also told us that it was our responsibility to find the subletters and to "just make a craigslist post"

I did and found people who were interested. I ask for applications repeatedly with no reponse, so i took on the responsibilty of finding one online that i felt had all the information they would need and had the interested party fill it out. after about 2 weeks the managers returned my calls and messages saying that they needed more information before they could start the process. now its a couple day before the end of the month and they are taking their time "checking the references" (we gave the a months notice of when we would like to be out, which is when the applicants would like to be in)

overall, I feel like this isnt right. Are the managers pawning their work on to me because i am unexperienced? what are my rights here???

[70Ford]

Subletting links.............

http://www.city-data.com/forum/searc...rchid=10498830

If you do have to break it.....

Notify them in writing that you are leaving, so you have a date and paperwork (Just in case you need supporting documentation.).
Have them sign your notification or at least make an annotation on your original lease form that you are breaking your lease and the date of notification. Get a copy of the signed form.
If they retake the place from you, ( as in take the keys back) then they, by law, have to notify you in writing if they are holding you to the lease, or their intentions are to re-let it. (At least, that’s how my last apartment lease went.)
They have to, within a certain period of time, notify you of any damages to the property, what they are withholding from your security and why.

I've had to break a lease before...bought a home, yadda yadda...it sucks. Had to pay a months rent plus some bull**** "termination fee." Just kidding about the fee. As I read somewhere before, "The property management group is not required to subsidize your personal issues." That landlord had a valid point. Two sides to every coin.

Oh well.

Here's a page with Washington State tenant laws.
http://www.wsba.org/media/publicatio...ord-tenant.htm (http://www.wsba.org/media/publications/pamphlets/landlord-tenant.htm - broken link)



Losing my job

[JoannaHC]

thanks for the kind words 70Ford and the links, I will read and hopefully understand my rights if I want to terminate.

we did give them written notice. I understand that they are unable to be "sympathetic" to us. But I have given them ample time to try and re-let the apt as well as making myself availble in anyway to help or mediate the situation so that we are able to move out and they are able to move someone in. I am willing to pay a penalty but they are not giving me that option. I feel like they are not taking us seriously because we are students.
thanks for letting me rant

[scm17ca]

Washington laws are not very tenant friendly. They are not required to let you out of the lease, and if I'm correct, can charge you 85% of the total rent owed for the term of the lease. One option that might be cheaper is to just not pay your rent, stay, and make them evict you. That would go on your credit, and haunt you, so it would make more sense to suffer through their bull**** and work with them, as much as you can. They hold all the cards, because a lease is a legally binding contract that you can't just walk away from. You might just let the people move in, and let them help you with rent, and hope they were eventually approved. I had to pay $3,500 to get out of a lease in Olympia after only 2 months there, but it was worth it to me to keep it off my credit. Plus, they can sue you, get a judgment since you have no legal defense, and attach your bank account, tax refund, or wages. Maybe your roommates' parents would help out considering the far reaching possibilities (none of them good). Good luck, I know none of this will make you happy, sorry.

[JoannaHC]

THanks Brookmole...i guess it looks a bit bleak for me
one more question though,
the lease agreement states in big bold letters No Subletters, the managers told me to Sublett the apartment...isn't that technically breaking the contract??

[Ultrarunner]

Originally Posted by JoannaHC

THanks Brookmole...i guess it looks a bit bleak for me
one more question though,
the lease agreement states in big bold letters No Subletters, the managers told me to Sublett the apartment...isn't that technically breaking the contract??

I would want it in writing...

Leases and Rental Agreements are amended and changed all the time... as long as both parties agree.

[Ira500]

I'd get a hold of the tenants union for clear, accurate information. They're pretty busy, so be patient:

Tenants Union of Washington State

[pw72]

Generally, if someone breaks a lease and the apartment is re-rented, the original tenant would only be responsible up to the time the apartment is re-rented. However, there is no forcing the landlord to re-rent quickly.

[seamama]

"A tenant who leaves before a lease expires is responsible for paying the rent for the rest of the lease. However, the landlord must make an effort to re-rent the unit at a reasonable price. When the dwelling is re-rented, the original tenant is only liable for the rent during the time reasonably necessary to re-rent the dwelling, plus any difference between the re-rental price and the original rental price, as well as any costs incurred by the landlord in re-renting the dwelling. If this is not done, the tenant may not be liable for rent beyond a reasonable period of time." I got that here: Moving Out . Sounds to me like the landlord is trying to get you to do their job (i.e., find their own new tenant). I definitely woulnd't sublet unless you got that in writing but really, I think it's their responsibility. Not sure what this all means in practice though- probably you'd have to sue them in small claims court if you think they didn't re-rent in a "reasonable period of time" for the money you think you're owed...? The Tenants' Union (link from someone above) should be able to give you a quick answer on all this.