Breaking a Lease (tenant rights, rental, security deposit, inspection)

[northstar22]

OK, so I have a situation. I won't bother explaining it all, because I doubt most people care. The quick facts: I lost my job a few months ago. I found another job that pays less, but can no longer afford the nearly $800/month rent. I need to break my lease and find a room to rent somewhere for less than $500 per month.

Before anyone says it, I canceled my cable, canceled Internet, sold my furniture, my car doesn't have AC, I don't have a cellphone bill, I don't drink or smoke, I don't eat out, I've had popcorn for dinner numerous times.

Mod Cut: Language/Tone

[janetvj]

Does your lease allow you to sub-let? If so, and you can help find a suitable tenant who will take over the remainder of the term of your lease, there wouldn't be any loss of income to your landlord so you should be okay.

[virgode]

The security deposit must be returned for early termination in Minnesota.
Give Minnesotas required notice to terminate the lease. Notice given at anytime after the first of a month begins the first of the following month, unless the LL agrees for the termination to begin the date of receipt, you'd want to get that agreement in writing with a signature and date.

Talk to the LL in person, you can hand deliver your termination and get their signature of receipt or certified, keep a copy for you.

You'll still want to follow move-out prodedures, request an inspection date in writing, normally after the units been thoroughly cleaned and contents removed, key return and new mailing address for return of security deposit money. A signed copy with the signature of the LL as forwarding address received.


Office of Minnesota Attorney General Lori Swanson

[SIZE=4]6[/SIZE][SIZE=4] Amount of the Deposit[/SIZE]
(15) The landlord may keep the amount necessary to repair any damage done to the unit by the tenant (beyond ordinary wear and tear), or to pay off other debts related to the tenancy, including any unpaid rent. (l6) (See page 22 for landlord and tenant rights in the refund of security deposits.)

(143) Minnesota law allows a landlord to withhold from a security deposit only the amount necessary for unpaid rent (144), damages to the rental unit beyond ordinary wear and tear (145), or other money the tenant owes to the landlord under an agreement (e.g. water bills). (146)

[virgode]

Subletting is an option, however, you are not released from responsibility:

To rental payment, should your sublessor not pay the rent.

Security deposit is transfered to the sublessor any debt above and beyond the security deposit amount should the sublessor terminate at the end of the lease is yours as well.

The sublessor agrees to sublet, and the subtenant agrees to take the premises described below. Both parties agree to keep, perform, and fulfill the promises, conditions and agreements expressed

[manderly6]

I would probably talk to my LL and explain the situation. Maybe you can get lucky and they are sympathetic to your situation and will let you walk away with minimal issues.

[bentlebee]

Originally Posted by flyingwriter

OK, so I have a situation. I won't bother explaining it all, because I doubt most people care. The quick facts: I lost my job a few months ago. I found another job that pays less, but can no longer afford the nearly $800/month rent. I need to break my lease and find a room to rent somewhere for less than $500 per month.

Before anyone says it, I canceled my cable, canceled internet, sold my furniture, my car doesn't have AC, I don't have a cellphone bill, I don't drink or smoke, I don't eat out, I've had popcorn for dinner numerous times.

Mod Cut

Talk to your Landlord. If your the great person you describe who has fallen on bad times...maybe your LL is willing to lower the rent.

We had one LL doing that for his tenant, another said "NO", and we rented it our right away for the same price to better tenants.

[ozzy92]

Talk to your landlord... If you were my tenant, I would let you out of the lease early. The last thing I want is someone that can't or won't pay rent. I'd rather turn it over, and try to rent to someone who could pay.

[mymazda605]

i live in new york. My sublessor/roommate subleases under the landlord who owns the house. She has made it very difficult for me to live with her and harrassed me via text message. When I stuck up for myself, she terminated my lease and says that she is my landlord not the owner yet I make my rent check out to the owner of the home. Can she legally terminate my lease if A) i didnt sign anything B) if she is the sublessor and C) due to the fact that she says "we cant live together" And she refuses to give me the landlords phone number so I can speak with him directly, is that legal as well?

[mymazda605]

She is the landlord... she is the sublessor i am the subtenant. she is friends with the owner who is the landlord and she wont give me his phone number, she never has when there is situation. so i am asking if anything she is doing to me is legal... i have always paid my rent and bills on time

[bouncethelight]

mymazda605, if she rented the place, and it's all under her name, and you moved in later as a roommate, then yes, she can give you 30 days notice if she wants you to move out. Perfectly legal.

In the future, if you want to be an equal partner, then you need to be on the original lease.