breaking lease in colorado (apartment complex, leasing, eviction)

[freddie2020]

I live in Colorado and my lease ends May 31 2010. Husband lost his job in Aug and we haven't been able to pay rent since then, we've had relatives pay each month. We are considering breaking the lease to move out of state since he can't find another job here.

When we moved in we paid landlord 900 deposit/900 last month rent. Can he keep the entire amount we paid if we break the lease, even if we find another tenant?

[breaksraver13]

Originally Posted by freddie2020

I live in Colorado and my lease ends May 31 2010. Husband lost his job in Aug and we haven't been able to pay rent since then, we've had relatives pay each month. We are considering breaking the lease to move out of state since he can't find another job here.

When we moved in we paid landlord 900 deposit/900 last month rent. Can he keep the entire amount we paid if we break the lease, even if we find another tenant?

check and see what your lease states when it comes to sub-letting

[2bindenver]

Landlord tenant issues are county specific. Have a talk with your landlord. See what happens.

[80skeys]

Just talk with your landlord. It would have been better if you had talked back when your husband lost his job, before relatives started paying the rent. In any case, explain the situation, tell them you're in a hardship, and ask if they'll refund part or all of the deposit.

As with any situation of this type, there's nothing preventing the person who's holding the money from keeping it, whether it's legal or not. In order to get it back, you would have to go to court... and therein lies the rub. You may not have the means to take them to court, or you may be living out of town and so it may not be feasible.

[Pharmgirl96]

My daughter signed a lease Feb 24th 2010. On Feb 23rd there was a notice from the complex to renters regarding current daytime breakins and Thorton police were involved. My daughter asked about security, and safety, of the premises before leasing (she was still deciding). They told her they had security personnel and it was safe.

She just received the notice of breakins day before yesterday (March 8th) taped to her door. It is dated Feb 23rd! Bottom line is she wants out. She hasn't felt safe since moving in. And, this just confirms her observation. If she had seen the breakin notice, or been told about it when she asked about the security of the complex, she would not have rented this apartment. She feels that the apartment employee misrepresented the apartment complex by not disclosing this important information to her beforehand. She feels they have breached the lease and is reputing it. What is her recourse? HELP please! My daughter isn't safe!

[80skeys]

Originally Posted by Pharmgirl96

My daughter signed a lease Feb 24th 2010. On Feb 23rd there was a notice from the complex to renters regarding current daytime breakins and Thorton police were involved. My daughter asked about security, and safety, of the premises before leasing (she was still deciding). They told her they had security personnel and it was safe.

As in any case like this, the recommended course of action is as follows in order:

1) Talk to the landlord/management, explain the above situation and ask to get out of the lease with a refund of the deposit.

2) If not successful in the first step, you either break the lease and go to court to get your deposit back, or you continue living there and go to court to be "let out of the lease" or you simply break the lease and forget about your deposit.

In your daughter's situation, there's a very good chance a court with rule in favor of your daughter. It's up to you and your daughter to decide whether going to court is worth your effort, time and money.

[treedonkey]

A lease is a legal document forged for the benefit of both parties, but not enforced by an explicit law. That is to say, if you break your lease, he can't call the police and have them come fine you or anything. However, if you just walk away he might chose to take you to court if he could find you and and he would no doubt win some damages for breach of that legal agreement which you willingly signed. However, that whole business about the break-ins would make his case a lot harder and he already has your $900 in his pocket so it is almost certain he would choose to just keep that amount, not bother with court procedures, and hope that you don't either. It will cost more than $900 just to get basic legal advice. If you're looking to get that deposit (or at least some of it) back then you can talk to your landlord and see if he will graciously let you out. He very well may be agree able to that over having a disgruntled tenant in residence. Especially if you could find him a new tenant first, then he would almost definitely agree.

[denverkid]

Originally Posted by Pharmgirl96

My daughter signed a lease Feb 24th 2010. On Feb 23rd there was a notice from the complex to renters regarding current daytime breakins and Thorton police were involved. My daughter asked about security, and safety, of the premises before leasing (she was still deciding). They told her they had security personnel and it was safe.

She just received the notice of breakins day before yesterday (March 8th) taped to her door. It is dated Feb 23rd! Bottom line is she wants out. She hasn't felt safe since moving in. And, this just confirms her observation. If she had seen the breakin notice, or been told about it when she asked about the security of the complex, she would not have rented this apartment. She feels that the apartment employee misrepresented the apartment complex by not disclosing this important information to her beforehand. She feels they have breached the lease and is reputing it. What is her recourse? HELP please! My daughter isn't safe!

Talk to the landlord and see what can be worked out (maybe offer to find them a new tenant who would be willing to take over the lease).

If you went to court to have the lease voided, you'd have to prove that there was a material misrepresentation of the apartment. In other words, you'd have to prove that they lied to you daughter (which can be very hard to do, unless they admit to the lie).

All that said, if it's truly unsafe, get her out of the situation - to hell with the monetary ramifications.

[denverkid]

Originally Posted by freddie2020

I live in Colorado and my lease ends May 31 2010. Husband lost his job in Aug and we haven't been able to pay rent since then, we've had relatives pay each month. We are considering breaking the lease to move out of state since he can't find another job here.

When we moved in we paid landlord 900 deposit/900 last month rent. Can he keep the entire amount we paid if we break the lease, even if we find another tenant?

If you landlord so chooses, yes, he can keep all $1,800 even if you find another tenant. He has no legal obligation to accept someone you bring to him.

It seems you have 3 more months to pay out (March, April, May), so he could even sue you for the month of rent the $1,800 doesn't cover, any damages to the apartment, and any legal fees and fines for breaking the lease. If you break the lease, you could find yourself not only being out the $1,800, but facing a lawsuit asking for an additional $2,000 dollars+ (most management companies use law firms and collection agents to track you down - that's expensive - and most leases say that if you break the lease, you have to pay for those legal fees).

My recommendation would be to talk to the landlord and explain your situation.

Best Case Scenario: The landlord lets you find a suitable replacement tenant (or pehaps he already has one), and assuming you find one, he lets you out of the lease and refunds the portion of the prepaid rent ($1800) you didn't use since you moved out early.

Worst Case Scenario: You break the lease. Unless your landlord is an angel, you'll be out the $1,800, you'll be sent to a collection agency which will ruin your credit, you'll be sued - probably for 2K or more, and you'll have an eviction on your record.

DON'T BREAK THE LEASE. You have 3 more months to pay out the lease. Assuming you haven't damaged the place, that's $2,700. You've already paid $1,800 of it in advance, so essentially you only owe him 900 bucks. If the landlord is an ass and won't work with you, beg, borrow or steal the additional $900 you need to finish up the lease. It'll be a lot better than the consequences of breaking your lease.

[denverkid]

And never mind. I didn't bother to read the date of the OP.