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Old 03-20-2011, 03:19 AM
 
2 posts, read 19,680 times
Reputation: 10

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Hi,

I lived in my current apartment for 9 months and the current lease is due at the end of March. A week ago around mid March, I renewed a 12 months lease and the new lease starts from April 1st. However, I decided to move soon due to a family issue and I asked to change the lease term to 3-month or month-by-month. The landlord said no and stated that the signed 12-month lease is effective.

Can I change the lease term to a shorter term? If no, should I move out now or in April when the new lease starts? According to the landlord, the penalty will be $800 if I decided to move out in March. Would the penalty the same if I move out in April, or am I responsible for the rest of 12 moths' rent?

Thanks!
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Old 03-20-2011, 05:39 AM
 
Location: Maine
2,272 posts, read 6,666,857 times
Reputation: 2563
No, you cannot unilaterally change the terms of a contract after it is executed. I think that since you have already signed the new 12-month lease, you are bound by it and will be subject to the penalties for breaking it, whatever is spelled out in that lease. You are probably responsible for the entire lease amount, though the LL has a duty to mitigate damages by trying in good faith to find other renters.
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Old 03-20-2011, 08:22 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,673,728 times
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I would accept the LL's $800 penalty and move out by end of March. That seems fair and simple.
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Old 03-20-2011, 10:14 AM
 
28,113 posts, read 63,642,682 times
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Of course, as long as both parties are in agreement.

And the Landlord in your situation has said yes for $800.
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Old 03-20-2011, 01:20 PM
 
27,213 posts, read 46,724,071 times
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Take it and run...you could be held liable for the entire year so $ 800 is a good deal!
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Old 03-20-2011, 01:32 PM
 
Location: Maine
2,272 posts, read 6,666,857 times
Reputation: 2563
I agree -- I somehow skipped over the option to leave in March -- YES, take it -- it's the best you're going to do.
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Old 03-21-2011, 01:58 AM
 
2 posts, read 19,680 times
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Thanks for all of your advices!
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