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Old 12-17-2008, 09:35 AM
 
Location: Orange County, California
1,016 posts, read 3,058,506 times
Reputation: 481

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Quote:
Originally Posted by wanttomoveeast View Post
Sheridan, yes, very good idea to get out while the gettins good. And it can totally ruin your credit depending on who your landlord is. It can also just ruin your renting history.
Agreed. This is the easiest and safest route (don't give your forwarding address).
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Old 12-17-2008, 09:36 AM
 
Location: Denver, CO
3,977 posts, read 7,698,124 times
Reputation: 1757
and I sure hope she keeps us updated on what happens. wonder how much longer she has on that lease?



Quote:
Originally Posted by cabolissa View Post
Agreed. This is the easiest and safest route (don't give your forwarding address).
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Old 12-17-2008, 09:37 AM
 
Location: Orange County, California
1,016 posts, read 3,058,506 times
Reputation: 481
Usually the penalty for breaking a lease is $500 or one month's rent... Definitely worth the price for freedom!
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Old 12-17-2008, 09:39 AM
 
Location: Denver, CO
3,977 posts, read 7,698,124 times
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gosh, is that all? then I suggest she save what she'd pay for legal advice and just get out now, it's not worth the heartache, or ruined credit!



Quote:
Originally Posted by cabolissa View Post
Usually the penalty for breaking a lease is $500 or one month's rent... Definitely worth the price for freedom!
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Old 12-17-2008, 09:46 AM
 
Location: Orange County, California
1,016 posts, read 3,058,506 times
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Yes, I do too. I think she's worried about having a broken lease on her credit record. But I think if she explained to the apt mgr the situation, they'd be easy on her... Of course, if they were jerks, she could consider asking them to rent her another unit BY HERSELF and amending the lease accordingly. Everything's negotiable. I'm not sure on the specifics of CO law, as I'm a Paralegal in CA, but here, the law is nearly ALWAYS on the renter's side. I think hiring a lawyer is a waste in this particular case.
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Old 12-17-2008, 09:49 AM
 
Location: Orange County, California
1,016 posts, read 3,058,506 times
Reputation: 481
Quote:
Originally Posted by wanttomoveeast View Post
You signed a legal, binding contract. The only way out would be to sue for injunction. By the time you are done doing that you could have just paid the last months of rent on your lease. There are instances where you can break your lease (it's not usually in your lease but more of a Denver case law issue), where if the landlord can re-rent the place, they don't really have standing to get you over you breaking the lease. If you just move out, and your boyfriend doesn't pay, then you are on the hook too for the broken lease and payments not made.

The best way I see to handle this is for the both of you to move out, and hope that your landlord rerents quickly. If you can both agree to move out, then talk to the landlord and explain. Some leases do have the loophole that as long as you give 30 days (written) notice, you can opt out.
Don't lease agreements in CO have a breach clause? They're pretty standard in CA. Most landlords want to protect themselves, in writing, on an agreed-upon amount for damages in case of early termination of the contract by either party. If the OP doesn't have a copy of the lease, she could always get one from the landlord, and look at the details...
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Old 12-17-2008, 09:49 AM
 
Location: Denver, CO
3,530 posts, read 9,725,336 times
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Cabolissa: Not here. I know Calif. is very tenant friendly, but not here. The price for breaking a lease, depending on the language, is losing your deposit, which is often at the very lease first month's rent, in addition to all remaining months on the lease. That can get quite high. I had a lease once that also tacked on astronomical fees, like cleaning, etc.

oops, we crossed posts! haha

Again, it's so not like in Calif for renters here. The leases are not standard, so you get a hodgepodge of just about anything. And a breach clause on most of the leases I've seen here are what I said above. Payment for the remaining months on the lease. That's why I asked how many months were left on the lease.
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Old 12-17-2008, 09:49 AM
 
Location: Denver, CO
3,977 posts, read 7,698,124 times
Reputation: 1757
you're probably right, I wouldn't think breaking a lease and paying the fine would hurt credit? she should look into that carefully. maybe she could even call the credit bureaus and ask them.
she definately needs to sit the landlord down and really explain everything. I'm sure it's not the first time he or she's heard a horror story like this one! maybe they'll even have some helpful tips?


Quote:
Originally Posted by cabolissa View Post
Yes, I do too. I think she's worried about having a broken lease on her credit record. But I think if she explained to the apt mgr the situation, they'd be easy on her... Of course, if they were jerks, she could consider asking them to rent her another unit BY HERSELF and amending the lease accordingly. Everything's negotiable. I'm not sure on the specifics of CO law, as I'm a Paralegal in CA, but here, the law is nearly ALWAYS on the renter's side. I think hiring a lawyer is a waste in this particular case.
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Old 12-17-2008, 09:52 AM
 
Location: Denver, CO
3,530 posts, read 9,725,336 times
Reputation: 847
I totally agree Cabolissa about the lawyer. I didn't say so flat out, but tried to discourage. Many don't understand the logistics of hiring a lawyer and just throw out that advice without really knowing what they are talking about.
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Old 12-17-2008, 09:57 AM
 
Location: Orange County, California
1,016 posts, read 3,058,506 times
Reputation: 481
Default Seek legal advice, but not with a private attorney...

Quote:
Originally Posted by wanttomoveeast View Post
Cabolissa: Not here. I know Calif. is very tenant friendly, but not here. The price for breaking a lease, depending on the language, is losing your deposit, which is often at the very lease first month's rent, in addition to all remaining months on the lease. That can get quite high. I had a lease once that also tacked on astronomical fees, like cleaning, etc.
Wow! That's too bad. Then I definitely recommend speaking with her landlord and seeing if they could accomodate her into another unit - not sure how that would work.

The only other way I can think of is if she filed for a restraining order against him - that way he'd have to leave, but still be liable for the payments on the lease. Only, I think in this case, it might be too dangerous?

The Legal Aid Society in all states provides legal assistance to people of low-income, or in domestic violence situations. They'll usually give a free consultation, and many times help you file for nearly free. I'd call them. A brief google search turned up this info:

Colorado Legal Services (CLS) is the federally funded legal aid program in Colorado. They provide free legal assistance to people who are low-income, including the elderly, people with disabilities, and victims of domestic violence.
CLS advocates assist clients in family law matters, housing issues, health access issues, government assistance problems, and other legal problems.
The program is headquartered in Denver and has 15 offices statewide. If you, or someone you know, needs legal assistance, call the CLS office closest to you or click here to visit their website.

Denver (Adams, Arapahoe, Broomfield, Denver, Douglas, Elbert, Jefferson; seniors in Clear Creek, Gilpin)
Address: 1905 Sherman St., Suite 400, Denver
Phone: 303.837.1313
Fax: 303.866.9360 (4th); 303.866.9302 (5th); 303.830.7860 (6th); 303.863.8589 (7th)
Map: Click here

Legal Aid Foundation of Colorado
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