Breaking a lease (apt complex, tenant, rental, deposit)

[call0300]

Anyone know what, if any special circumstances allow you to break a lease with 2 weeks notice? I had been living at a house for about 3 mos when our neighbor began harassing us for no apparent reason, calling the police on us falsely accusing us of things (her reports were all unfounded), and also calliing Child Protective Services on us falsely (also unfounded). She was also taking pictures and video of us and our kids, and the police would do nithing to stop her stating that she was allowed to photograph whatever she wanted in plain view. They wouldn't even talk to her and ask her to stop. I filed a harassment report against her, and again the police did nothing. We got sick of the situation, and after reporting it to not only our landlord, but the police and nothing changed, we decided we wanted to relocate. Our landlord knew of the situatuin and in fact came out to our home and tried to talk to the woman to ask her to stop. We told our landlord 16 days in advance that we could not handle the situation any longer and were going to leave. Our oldest daughter had become afraid to play outside because of the lady taking her picture all the time. When we vacated, the property was in better condition than when we moved in. I thouroughly cleaned to inside including the carpets, even though we had only been there 3 mos. We made sure the lawn had been cut and there was nothing left at the property for disposal. They infact began showing the house the next day after we returned the keys. The landlord is now saying that because we broke our lease, she is not returning our deposit. I just want to know what special circumstances allow you to break a lease and retrieve the deposit. Thanks to anyone with advice!

[RedWingsFan]

I don't think you can legally give a two week notice only. But you really need to look at the lease and see what it says about breaking it. There should be something in there. If the lease says you can't break it at all or you have to give two months or something then you need to speak with the landlord and tell him/her of your position. You will have to work something out that the person will agree to. Possibly they may let you out with paying one additional month's rent or something. Otherwise, unless there was a clause to let you out in the lease, you will have a hard time getting away with just a two week notice to break the lease.

[CiXeL]

thats been my problem too. how to get out of a lease. im stuck here till march 2008 which has now become a prison sentance.

[miamiblue]

I think that before just breaking a lease, you should try to find someone to take over the lease. Landlords have to go through some trouble to find another tenant, and this is probably why they would keep your deposit to make up for lost rent. I had a landlord that I found another tenant for once (although I was just leaving a few weeks earlier than my lease expired) and she didn't charge me anything on my deposit, got full refund. However, in your case there may be something regarding a hardship that might help you in this situation, due to the harassment I would think.

Cixel, craigslist: san francisco bay area classifieds for jobs, apartments, personals, for sale, services, community, and events is a great place to advertise rentals if you need to find someone to take over your lease. I'd say discuss it with your landlord, and if he/she is agreeable to you finding someone to take over, then do it!

[karl_hemingway]

I'm now looking for a way to break my lease too. My apt complex has told me they give a 2 month fee for lease breakage and they won't do subletting. Is there some legal circumstance I can use to get out?

[CarlitosBala]

Originally Posted by karl_hemingway

Is there some legal circumstance I can use to get out?

What the hell is wrong with you people??

If the Landlord were using some "legal circumstance" to kick you out of your rental home, you'd be calling it everything from discrimination to racism, to unfairness, insanity and everything in between. You'd be talking to lawyers about suing, going to the press, and contacting your state representatives to help you out.

You sign a contract and its *bound*. There are ways to break it, but you gotta pay. The protections in the lease go both ways, they protect the tenant as well as the landlord. In this case, its protecting the landlord.

[ShaneSA]

After a 5 year discussion, people are still trying to get out of a contract because they are "unhappy" Unless there is a clause in the contract that says you can move because your unhappy, pay the price to leave.
Lame excuses and whoa is me do not qualify as reasons to break a lease.