vacating an apartment before a lease is up? (leasing, credit)

Lunarspell · 03-30-2008, 05:30 AM

I came down to Florida from a northern state three years ago to move in with my boyfriend who lives here. After six months, we broke up (stupid, I know) and since then we both have signed the renewal lease on this apartment (even though he didn't live here anymore...I probably would not have been able to renew based on my credit alone so he resigned it with me.) For the past two and a half years, I have paid the rent on my own (even though we're both on the lease, I have received NO help from him.) I couldn't move back home because not only did he leave the relationship but didn't offer to help me financially with the move back home so I couldn't afford the move. When he left I didn't have a job and didn't even know my way around this town very much but since then I have saved enough to go home. Now I have an opportunity to make the move. My lease is up on August 1st but I want to vacate the apartment on May 31st. My questions are: do I have to let my landlord know (it's a complex, not an individual, i'm leasing from.) How much left over rent would I be responsible for (we're both on the current lease)? Can I stick my former boyfriend with the last two months rent because he's such a jerk for doing this to me in the first place (I have his current address and phone number that I could give the complex)? Do I have to let my landlord know I'm moving? Can they stop me from moving? Thanks for any advice.

Lilybeans · 03-30-2008, 06:28 AM

They can't stop you from moving. As long as you pay the rent, you don't have to tell them you are leaving. If you must leave, you may be able to work out a rent buyout with them. If not, and you leave, you may be sued for the back rent. That would really hurt your credit.

If you wanted to, you could try to sue your boyfriend for half the rent ( no promise of winning that though, because you lived there on your own), but that doesn't lessen your responsibility to the landlord.

Lunarspell · 03-30-2008, 07:47 AM

a rent buy out? i'm not familiar with that term. thanks so much for the info.

Lunarspell · 03-30-2008, 08:11 AM

i also had a thought...can i be taken off the lease as of may 31st and leave it just in his name and tell the complex that he'll be living here after i leave? (it's not the truth but that might avoid me being sued and it would leave it as his responsibility.) your thoughts?

gumbyfly · 03-30-2008, 08:26 AM

Now, why do you want to inflict pain on your ex?
Seems like he was civil enough to sign a lease after your breakup so you could continue living in a place where your own credit would not allow.
Try being a non-vindictive human being, and explaining your circumstance to your landlord - and ask for forgiveness on your last few months of the lease. Chances are, if you have been a good tenant for more than one entire lease term already, they would probably be willing to work with you.

Lunarspell · 03-30-2008, 10:11 AM

eh...good point, gumby. after all, there is such a thing as karma. of course, this is a limited place to explain what all went on in a six year relationship and so i can't give you information that might help you understand but i do know where you're coming from. payback is a ***** and he will get his eventually and i won't have to do a thing. i'll think about your suggestion and thanks much.

Keish83 · 03-30-2008, 01:25 PM

Quote:

Originally Posted by Lunarspell

My lease is up on August 1st but I want to vacate the apartment on May 31st. My questions are: do I have to let my landlord know (it's a complex, not an individual, i'm leasing from.) How much left over rent would I be responsible for (we're both on the current lease)? Can I stick my former boyfriend with the last two months rent because he's such a jerk for doing this to me in the first place (I have his current address and phone number that I could give the complex)? Do I have to let my landlord know I'm moving? Can they stop me from moving? Thanks for any advice.

Ok, I'm going to try to help on this one. I used to work for a Law Firm that dealt mainly with Landlord/Tenant Law throughout Florida.

Most importantly, CHECK YOUR LEASE. The lease will let you know how many days notice you have to give and what you'll be responsible for.

Yes, YOU DO have to let the landlord know. If you move out of the apartment before your lease ends and without giving proper notice, they have the right to hold all leaseholders (you and your ex-boyfriend) liable for the remaining months on your lease and/or termination fees (if applicable).

I'm not sure how management is or what kind of relationship you have with them, but according to Florida law, all leaseholders (you and your ex-boyfriend) are responsible for the remainder of the lease.

Your landlord CAN'T stop you from moving; however, you don't want them sending you to collections or placing judgments on your credit. And if you do vacate early, there is also a chance you won't get your security deposit back.

Your best bet is to 1) stay until the end of the lease term, with the possibility of getting your security deposit back (depending on the condition of your unit upon vacating) or 2) give notice, vacate on May 31st, and be held liable for the remainder of your lease term (with a possibility of not getting your security deposit back).

Also, make sure you give a WRITTEN notice. I would suggest you have a witness when you're handing it to them or you can send it to them via certified mail.

I hope this helps. If you need any other information, feel free to PM me.

P.S. There are some shady apartment managers out there; therefore, I would highly recommend that you go by whatever your lease states. If they offer you something that works for you, then GREAT. But make sure you cover your a$$ and keep all documents for at least a year.

Lilybeans · 03-30-2008, 01:27 PM

Well, you don't have to give notice to anyone if you are leaving at the end of the lease. Talk to them and see what it will take to let you out early.

Retiredcoach · 03-30-2008, 04:11 PM

You signed a contract with your landlord, and you are responsible for any rents that may be due until the conclusion of the lease (contract). The landlord can, in effect, sue either your ex-boyfriend and/or you for any rent that is left unpaid. If you opt to leave at the end of May without notifying the landlord, you could also be accountable for any damages that may occur to your rental unit until the final day of your lease.

Your best, and sometimes only option, would be to speak to your landlord about terminating your lease early. If you are in a good rental area and there is a market for your unit, most landlords would be willing to work with you. If not, you are probably stuck, unless there are provisions in your lease to sublet. The biggest mistake you could make, however, would be to leave "in the dark of night". You could be forced to deal with a very expensive and credit ruining experience. Good luck... I hope that you make the right decision.

Lunarspell · 03-30-2008, 06:17 PM

thanks all very much for your replies and advice. i have decided that i will 1) give them notice (it's 30 days in my lease) and 2) i'm going to have to bite the bullet on the remainder of the lease (2 months.) i had no plans on getting my deposit back because it's only $400 and i'm sure they would find $400 worth of damage to my place even if it's just painting and shampooing carpets, so that's fine and 3) contact my ex boyfriend (after i've moved out and am safely back north again) and tell him i've moved and that i expect him to pay one month of the remaining two months. then we'll go from there. once again, thanks all for your advice. it was extremely helpful.