Early Termination of rental agreement (sublet, apartment, lawyer)

[jerahd marlin]

Help, my car was stolen and i no longer feel safe in my neighborhood and I'm unemployed and without a vehicle my job options are even more limited. How can i legally terminate the remaining 5 months on my rental agreement?

[ferraris]

Have you talked to the landlord about it? Is there anything in your lease about early termination or subletting?

[epitathpunk]

There's nothing stopping you from abandoning your lease...nothing. Either your landlord is gonna be cool about it (not likely) or he/she isn't (most likely). Either way, there's nothing they can do to stop you from moving. Nothing.

They'll probably take you to civil court for the remaining balance of the lease, but they'll lose. This is a little-known fact, but it's true. Landlords almost ALWAYS loose when they sue tenants for breaking the lease. You also have some valid reasons for breaking the lease, which the magistrate will take note of. You probably won't be legally obligated to pay the landlord anything.

This is all fine and dandy, but you have to take one thing into consideration, and that's the fact that your landlord will probably harass and threaten you for many months after you do this. And really, there's nothing you can do about it. Phone calls, letters, even physical stalking can (and probably will) occur. Twice in my life I've had to break leases for different, although totally valid reasons, so I'm speaking from experience.

In both cases, I was sued and the case was thrown out. The units had been re-rented almost immediately, so there was virtually no monetary loss for the landlords. That wasn't enough for the most recent landlord (2 years ago). I had to change my phone number (100+ calls/day), he harassed family members of mine, and threatened to repossess my vehicles, which he of course had no right to do. Insanely, he stole one of my cars about 6 months AFTER he had taken me to court. You read that right. He got the vin#, had a key made at a dealership, and "repossessed" my car. He parked it at his place of business in the back lot, called me, and explained how he was "in his right" to keep my property until I paid the balance of the rent. Long story short, I got my car back within hours, and he was in the emergency room with a broken jaw and nose that evening as well. He could've charged me with assult, but in doing so...he would also be charged with grand theft auto and conspiracy. Never heard from him again.

So....the question you have to ask yourself is this: Is your landord a reasonable human being, or one of these self-proclaimed mini-czars who think they're above the law when the real law doesn't work for them? That's a question only you can answer. Either way, you're technically within your right to do whatever the hell you want....Just be prepared for an all-out war if the owner of the property is like many landlords around here.

[ddietrich]

Originally Posted by epitathpunk

There's nothing stopping you from abandoning your lease...nothing. Either your landlord is gonna be cool about it (not likely) or he/she isn't (most likely). Either way, there's nothing they can do to stop you from moving. Nothing.

They'll probably take you to civil court for the remaining balance of the lease, but they'll lose. This is a little-known fact, but it's true. Landlords almost ALWAYS loose when they sue tenants for breaking the lease. You also have some valid reasons for breaking the lease, which the magistrate will take note of. You probably won't be legally obligated to pay the landlord anything.

This is all fine and dandy, but you have to take one thing into consideration, and that's the fact that your landlord will probably harass and threaten you for many months after you do this. And really, there's nothing you can do about it. Phone calls, letters, even physical stalking can (and probably will) occur. Twice in my life I've had to break leases for different, although totally valid reasons, so I'm speaking from experience.

In both cases, I was sued and the case was thrown out. The units had been re-rented almost immediately, so there was virtually no monetary loss for the landlords. That wasn't enough for the most recent landlord (2 years ago). I had to change my phone number (100+ calls/day), he harassed family members of mine, and threatened to repossess my vehicles, which he of course had no right to do. Insanely, he stole one of my cars about 6 months AFTER he had taken me to court. You read that right. He got the vin#, had a key made at a dealership, and "repossessed" my car. He parked it at his place of business in the back lot, called me, and explained how he was "in his right" to keep my property until I paid the balance of the rent. Long story short, I got my car back within hours, and he was in the emergency room with a broken jaw and nose that evening as well. He could've charged me with assult, but in doing so...he would also be charged with grand theft auto and conspiracy. Never heard from him again.

So....the question you have to ask yourself is this: Is your landord a reasonable human being, or one of these self-proclaimed mini-czars who think they're above the law when the real law doesn't work for them? That's a question only you can answer. Either way, you're technically within your right to do whatever the hell you want....Just be prepared for an all-out war if the owner of the property is like many landlords around here.

While there are a few nuggets of truth to this response, it is pretty wild and inaccurate. I wouldn't take one person's experience as the gospel. Nor would I take the legal advice being offered to you.

[ferraris]

Originally Posted by epitathpunk

There's nothing stopping you from abandoning your lease...nothing. Either your landlord is gonna be cool about it (not likely) or he/she isn't (most likely). Either way, there's nothing they can do to stop you from moving. Nothing.

While nobody can force you to physically live in the place, odds are you are under a legal obligation to pay rent through the end of the lease. The landlord can't stop you from moving, but he can go after you for the money.

The OP asked how he could legally get out of his lease.

So....the question you have to ask yourself is this: Is your landord a reasonable human being, or one of these self-proclaimed mini-czars who think they're above the law when the real law doesn't work for them?

Talk about the pot calling the kettle black!

[bowcot84]

Perhaps obvious, but have you tried talking to your landlord about extra security. Or do they have properties elsewhere that you could trade up to?

[Mugatu]

Originally Posted by epitathpunk

you're technically within your right to do whatever the hell you want.

This pretty much sums up your whole rambling rant. Is it any wonder our country is in the shape it's in when people have this attitude?

[Copanut]

Approach the situation like a businessman. You would like to get out of your lease but are obligated since you SIGNED it. Perhaps the landlord has someone already looking for an apartment or perhaps you could sublet it. Most landlords are very willing to reach a compromise. Then again, you could just break his jaw and move on.

[Hopes]

There's no way anyone can give you advice. Every lease is different. You need to read it. It could have 'out' clauses that allow you to move while ensuring the landlord doesn't lose money. I'm not going to bother going into the different types of 'out' clauses I've seen because they might be irrelevant to your specific lease.

As ddietrich said, epitathpunk's post does have some grains of truth, but he is downright wrong saying "landlords almost always lose." Everything depends on the lease and the circumstance.

The safety issue could be relevant if the landlord is knowingly allowing the building to be unsafe or if illegal activities are taking place on the property by other tenants, but only a lawyer can advise you according to your specific circumstances and the necessary procedures. However, you said your neighborhood was unsafe, not your apartment building, so it's likely you're out of luck with the safety angle.

Since you've lost your job, you'll qualify for free legal advice from Neighborhood Legal Services. If you schedule an appointment, don't orget to take your lease with you.

But I recommend you talk with your landlord first. You'd be surprised how cooperative many landlords can be. Most would rather have warning and work with you than lose money by not having warning.

[Copanut]

If you OWNED the place you live in and felt unsafe, would you try to sell it or just walk away from it?