Just laid off, whats the best way to get out of a lease?? (Denver: apartment complex)

[Jessi222]

I am wondering if anyone has any personal experience with the situation I am going through and can offer some advice on what worked for them. I was recently laid off and need to move out of my apartment ASAP since I can't afford the rent anymore(guess I learned my lesson about signing a year lease with the economy in the state that it's in). I live in a very nice apartment in the Denver Tech Center and pay around 1,135 for a 1 bedroom. My lease is not up until October. I tried posting on craigslist but no luck unless I drop the rent to around 700 then I had some responses but I would rather not have to do that if there is another option. The apartment is fully furnished with brand new stuff that I don't plan on taking with me (I am moving out of state). Does anyone have any suggestions on how to go about doing this? Someone suggested corporate housing and renting out my furnished apartment however I am uneasy about still being tied into a lease with someone living here that I don't know...would feel much better just transfering the lease and moving on. Any thoughts or websites you can suggest? Thanks!

[sumisu]

Hi Jessi - I suggest you discuss your situation with the property manager and ask them to release you early from your lease due to your job situation. Some will be sympathetic, while others may try to force you to remain and pay. If you have a stubborn landlord that tries to force you to stay and pay, I suggest you meet with an attorney and have them call and send a letter on your behalf; which usually is helpful. Good luck.

[bhcompy]

id ask first and try other stuff later. whats the worst they do, evict you?

[EscapeCalifornia]

Originally Posted by bhcompy

id ask first and try other stuff later. whats the worst they do, evict you?

They could hold him to the lease, wreck his credit, sue him for the balance, send it to collections, etc.

[Jessi222]

i spoke with my landlord already...not very sympathetic to my situation and they warned that if I just vacate and stop paying rent it will ruin my credit for a very long time...I think the only way to go about this if finding someone to transfer my lease to...it just seems to be easier said then done! Does anyone know of any good websites to post listings besides craigslist? There seems to be so many out there that want you to pay a fee so I would like to know it is actually going to get some responses before paying up front.

[cowboyxjon]

is there a way to just formally break the lease?

my apartment complex, for example, will let me break the lease for a something like a month and a half of rent. it's obnoxious, but its an option at least at my complex.

[bhcompy]

Originally Posted by EscapeCalifornia

They could hold him to the lease, wreck his credit, sue him for the balance, send it to collections, etc.

well thats if you go the delinquent course of course, but i was just implying by going and talking to them there isnt anything bad that can happen

to the OP: like cowboyxjon said, if there is a fee or penalty you can pay, you may want to look at that route for the cleanest break

[relocationexprt]

There is not any legal way to just break the lease one sided, hence the lease. However, here is an idea. If your building was built before 1978 and the landlord did not provide you with a lead base paint disclosure.. That is an angle you can try. Just a thought. Good Luck

[dubthang]

Not sure about CO, but in New England, landlords are required to look for tenants when you break a lease. You are responsible for usually three months of rent. The law says something about three months being a reasonable time for owners to find new tenants. If they don't find anybody, they must show proof that they have been actively looking/showing the place. You do forfeit your security deposit, and may have to pay court fees etc.

Your best bet would be to witness a crime that requires you to go into witness protection. That way the gov. would take care of all your loose ends for you.

[justhere]

FWIW, the threats your landlord is making are partially true and partially untrue re wrecking your credit. Unpaid rent would wreck your credit if landlord or property management co., files a complaint against you, you don't show and they then request a default judgment; and the default judgment is actually granted by the court - entered and reported to the credit bureau.

IMHO, along the line of what Simsu says above - there are a few things that might prevent this. Perhaps a local legal aid clinic might be someone who could assist you? Most likely landlord/tenant matters go to small claims court in your city. If you just can't pay the rent where you are now, make sure you put in writing your situation to your landlord (you could refer to any previous conversations in that letter to recap all of your efforts) - you want to avoid "I said" and then "he said" and then "I said" as much as possible. Tell the landlord in that letter what you are actually able to pay in that letter and for how long (for the next 6 months [temporary condition] or "until I find another job", whatever). Give your landlord a deadline to respond ("I would appreciate your response by such-and-such date"). Send your letter certified mail, return receipt requested. Let your landlord respond in writing. Let legal aid know you've written the landlord and the landlord is not willing to accommodate your situation and give them a copy of the letter and the signed return green card showing landlord received the letter. Also, any copies of ads you place on craigslist, local newspapers, internet, bulletin boards, etc.

Legal aid can handle the matter from there, it will probably go to small claims/landlord tenant and the court may ask for a financial breakdown of your debts vs. your income along with evidence that you have made a diligent effort to work something out with your landlord (the above-mentioned letter and copy of ads), due to unforeseen circumstances resulting in financial hardship. Since the landlord was unwilling to work with you informally, the court may cut you a little slack (because you tried to work something out and didn't skip out), recommending the counsel for the landlord (or the landlord directly, if unrepresented) allow you to stipulate to make payments before a judgment is entered (sometimes counsel may work this out, outside of court avoiding the whole landlord/tenant hearing in small claims entirely). IF you default on any of the payments in the stipulation, then the judgment would be immediately entered and on your credit report. By entering into a stipulation, this keeps your credit report clean. Your case to the court could also include that a judgment would create a further hardship because you need a place to move to that you could afford and this would prevent you from qualifying for such a place.