Breaking my lease - can anyone help??? (Austin: subletting, apartment complex)

[iamanidiot]

I moved to Austin nearly a year ago and have been renting from an apartment complex. I have found a house to buy in time to qualify for the tax credit and we are scheduled to close at the beginning of next month. I called my apartment complex to tell them of our upcoming move and found out that they are going to charge us through the nose - a 're-rental' fee which is nearly one month's rent and all remaining rent until the lease is up, at the beginning of August.

I hold my hand up and admit to being really stupid for not reading the fine print in the lease agreement, but never in my wildest dreams did I think we'd be responsible for so much. In the past, I have always paid an extra month's rent or something like that. What's even worse, the complex is saying that the rent and relet charge has to be paid up front. So, unless my craigslist advert or the apartment complex finds someone to take over the rent, I am in the position of actually having to pay all the rent up to August and the relet charge in the next several weeks.

Although we are not really sure what, if anything we can do, we do think there are a few issues that should lend itself to some discussion over the charges - the carpet has had an ongoing issue with cat urine smells. And, when we chose this apartment complex we were promised a July move in date but suddenly the apartment we wanted [the upgraded one, naturally] was no longer available and we had to stay in their corporate apartment for a month until a new apartment was ready. I think that we should at least be able to consider our lease as starting at July, when we moved to the complex.

Sorry if this is all in a jumble. Is there anything I can do? Any advice? Is it worth consulting a lawyer?

[10scoachrick]

Originally Posted by iamanidiot

I moved to Austin nearly a year ago and have been renting from an apartment complex. I have found a house to buy in time to qualify for the tax credit and we are scheduled to close at the beginning of next month. I called my apartment complex to tell them of our upcoming move and found out that they are going to charge us through the nose - a 're-rental' fee which is nearly one month's rent and all remaining rent until the lease is up, at the beginning of August.

I hold my hand up and admit to being really stupid for not reading the fine print in the lease agreement, but never in my wildest dreams did I think we'd be responsible for so much. In the past, I have always paid an extra month's rent or something like that. What's even worse, the complex is saying that the rent and relet charge has to be paid up front. So, unless my craigslist advert or the apartment complex finds someone to take over the rent, I am in the position of actually having to pay all the rent up to August and the relet charge in the next several weeks.

Although we are not really sure what, if anything we can do, we do think there are a few issues that should lend itself to some discussion over the charges - the carpet has had an ongoing issue with cat urine smells. And, when we chose this apartment complex we were promised a July move in date but suddenly the apartment we wanted [the upgraded one, naturally] was no longer available and we had to stay in their corporate apartment for a month until a new apartment was ready. I think that we should at least be able to consider our lease as starting at July, when we moved to the complex.

Sorry if this is all in a jumble. Is there anything I can do? Any advice? Is it worth consulting a lawyer?

Well, I know Texas is different from the rest of the world but I can't imagine any scenario that would allow the complex to require payment in advance for the balance of the lease AND a re-rental fee for you to vacate an apartment. If all you did was pay the lease as normal, you would owe for each month until the end of the lease and NO 're-rental' fee . Paying up front PLUS a 'fee' certainly isn't 'breaking a lease', it's buying it out, and then some.

Back in GA, two rents could not be collected on a single unit; that is, if the complex rents your unit out for month X, you could not be charged for that same months rent.

Something sounds a little 'off' here.

[Trainwreck20]

They can only charge you until they fill the unit, I think, but that could be until August, I suppose. Not sure, though.

[G Grasshopper]

Originally Posted by iamanidiot

I called my apartment complex to tell them of our upcoming move and found out that they are going to charge us through the nose - a 're-rental' fee which is nearly one month's rent and all remaining rent until the lease is up, at the beginning of August.

If your schedule had been different - if you were staying through the term of your lease, I guess through August, would you have to pay the re-rental fee? If you aren't able to find someone to sub-lease it to, would just saying you are still there through August actually be less expensive?

[TexasHighDef]

Originally Posted by iamanidiot

I moved to Austin nearly a year ago and have been renting from an apartment complex. I have found a house to buy in time to qualify for the tax credit and we are scheduled to close at the beginning of next month. I called my apartment complex to tell them of our upcoming move and found out that they are going to charge us through the nose - a 're-rental' fee which is nearly one month's rent and all remaining rent until the lease is up, at the beginning of August.

I hold my hand up and admit to being really stupid for not reading the fine print in the lease agreement, but never in my wildest dreams did I think we'd be responsible for so much. In the past, I have always paid an extra month's rent or something like that. What's even worse, the complex is saying that the rent and relet charge has to be paid up front. So, unless my craigslist advert or the apartment complex finds someone to take over the rent, I am in the position of actually having to pay all the rent up to August and the relet charge in the next several weeks.

Although we are not really sure what, if anything we can do, we do think there are a few issues that should lend itself to some discussion over the charges - the carpet has had an ongoing issue with cat urine smells. And, when we chose this apartment complex we were promised a July move in date but suddenly the apartment we wanted [the upgraded one, naturally] was no longer available and we had to stay in their corporate apartment for a month until a new apartment was ready. I think that we should at least be able to consider our lease as starting at July, when we moved to the complex.

Sorry if this is all in a jumble. Is there anything I can do? Any advice? Is it worth consulting a lawyer?

I don't think that is the law! The first thing is to get a hold of the Austin tenants council Austin Tenants’ Council/Austin Tenants’ Council They should be able to let you know what the law is on this. Good Luck!!

[iamanidiot]

Thanks - I will be contacting the Austin Tenants Council today.

Unless they find someone to rent the apartment, it would indeed be cheaper for me to just keep the apartment until my lease is up and not pay the re-rental fee.

I agree, the upfront payment is ludicrous.

Subletting is not allowed in the lease.

[iamanidiot]

Also, by law, they cannot charge rent on the place twice - so if they find someone to take over the apartment they would reimburse me. Although given that they already have rent guaranteed from me, I don't see what incentivizes them to try and fill this apartment.... It's a terrible position to be in.

[Runemaster]

What does it say in your lease regarding early termination? No matter what they say, or what you want, that's what's binding, legally. We'd already be in Austin, but our lease doesn't end until July and if we brake it, we're on the hook for the rent and we lose our security deposit.

Another option you might explore, that would at least give you some breathing room, is seeing if you can have your first mortgage payment pushed out a bit. I know in one house we bought, IIRC, the first mortgage payment wasn't due until a few months after we moved in, then it came monthly thereafter. At least if you do it that way, you're not getting "double dipped" in the housing expense department for the next 2-3 months and you'd only have to pay rent and mortgage for a few months, minimizing the financial damage.

If you're buying from a home builder, they may even help with the lease buyout.

[AGA]

I know in Colorado when we rented, there was a homebuyers "option" on our lease...it was a bit more on a monthly basis, but there was no "penalty" for leaving as long as you had a 30 day notice. Maybe investigate that and have your lease converted???

[iamanidiot]

We are going to try and talk things through with them but not feeling too hopeful....