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This whole situation is a huge mess and I feel as if the landlord is not being honest with me (go figure). Honestly, I can't be sure because I have absolutely no knowledge of these things.
Anyway, the story:
I moved to Ohio with a "friend". We both signed a lease to rent a house which is 650 a month.
First question: The land lord did not check to see if we could afford the place. I know for a fact he didn't get any information from me on my income no pay stubs nothing. Being that we both just moved into the state right into the house, I had no employment at the time and she was just starting a job. This idea might just be null and void, perhaps a landlord doesn't even need to verify this info at all? If you sign the contract, it doesn't matter if you're unemployed? (I found a job a week later, but still am not making enough to pay the full amount)
Anyway, there were problems two months into the lease between me and the "friend". She left, I ended up stuck with the lease to avoid eviction and ended up getting a new room mate to cover the other half of the rent because I cannot afford it. Because I got a new roommate the "friend" was let out of the lease. Second: I did not sign anything in this arrangement, it was between her and me. We (landlord, "friend", myself) did make verbal agreements.
Now I am 8 months into the lease, with 4 more payments left. The room mates are not going to pay their half of the rent for this month, so we have decided to leave on my next paycheck, the 8th of July. (The new room mates were never put on the lease by the land lord) There are several reasons for this decisions. ( I found out a month ago that I am pregnant so the longer I wait to make this cross country drive the more dangerous it is for me and my child, I hate everything about Ohio, there is no family here and I'm finding it increasingly difficult to work while pregnant, I was forced to invite strangers to live with me and it is not going well at all to say the least.) July's rent is due on the 5th, and will be late on the 6th. Also, the landlord will file for eviction at this time.
I read the lease agreement and it says absolutely nothing about breaking the lease, or leaving before time is up. While talking to the landlord about the situation he said I have no rights to break the lease. If I leave and don't pay then he will evict, even if I am already across country. He has given me the option of paying half of Julys rent so he can hopefully find someone for the other half, but if he doesn't I'm thinking I will get evicted anyway if I don't continue to pay rent on time monthly. I am using this coming paycheck to move, even with that I will have to get extra help from family. If I pay this 325, then I will need even more help. I do not know if it is worth it or not? There is nothing in my contract about any kind of notice and honestly, I did not give him much of a notice being as this is a last minute choice. I don't have any other choice really. Pay him money I can't really afford and hope he find another sucker, or be evicted and have crappy credit/rent history for the next 7 to maybe 20 years.
I have great credit and a great rental history, and would like to keep it intact. Especially now that I am a mother to be. I'm not really sure if I can even do that at this point?
It's really ahrd to understand what your asking and what is what, but I;ll try to answer some of it as best i can understand after wading through all the emotions and unrelated comments.
1. The LL has no requirment to check your credit. You signed a legal binding contract and the terms and conditions of that legal binding contract are enforcable. If you didnl;t think you could afford it, you shouldn;t have signed it. But since you did, you have agreed to abide by it. In other words, your on the hook regardless if you could have afforded it.
2. What do you mean by the other signer was let out of the lease? Who let her out, you or the landlord?
Everything else afterwards depends on what you answer to the second question.
There is so much wrong with your post and situation I don't even know where to begin...
Its not the landlord's job to figure out if you can actually afford the place. You are an adult. Its your job to make sure you can make ends meet.
You signed the lease. You are responsible for the lease in its entirety, unless you come up with a new agreement with the landlord and you get it in writing. Again, you are an adult, and its your job to fullfill the legal contracts that you sign.
On a last note, congrats on the baby. Babies are super cute! But then again, you are an adult. Even more now with a baby on the way. Its your job to make sure you are not homeless, with a bad credit and rental history. You now need to start being a responsible adult, find employment, and not run from place to place when things turn sour.
Sorry if I'm coming too hard on you, but from the story you painted (limited information) I'd file you under "pregnant deadbeat" who is royally screwing a landlord.
First question:[/b] The land lord did not check to see if we could afford the place.
There's no law that a landlord has to make sure that a tenant can afford the rent.
Quote:
Originally Posted by Scorpia23
Pay him money I can't really afford and hope he find another sucker, or be evicted and have crappy credit/rent history for the next 7 to maybe 20 years.
I wouldn't call the next renter a sucker. If the landlord can find someone to rent the house soon, that stops the clock on what you will owe. He can't collect double rent, so once the next guy starts to pay, you're off the hook, from that point on.
Quote:
Originally Posted by Scorpia23
I have great credit and a great rental history, and would like to keep it intact.
That's worth saving! And if you can do it by paying half the rent in July - only $325? Your landlord is being VERY good to you! I'd take him up on it!
I would also keep in mind that it will cost him money to officially evict you, and if you're across the country, and you met him halfway by paying the $325, and there's only two months left on the lease? It's very likely he'll just let it go at that point.
Pay him the $325, and move on. It's worth it to keep your credit report clean!
Since you approved of letting the other out of the lease, you took on the responsibility 100% and it's now all on your shoulders.
What now can and can not happen and in what manner is spelled out in your state landlord tenat code.
The basic way it works is, you are responsible for the lease yourself until you reach the termination date of the lease. If you move out ahead of time, you are responsible for the lease until it terminates and the LL can sue to get the rent due. However, it often requires that they mitigate their losses by trying to get another tenant to rent the place. But if you leave early and they can;t get a tenant, you owe the full amount due each month until the termination date. If the LL manages to get a tenant 2 months later but at a lower rent, you owe for the months they didnt have a renter and any amount below what you were paying after they found a renter until the termination date of your lease.
And what was said by bouncethelight about working out a deal with the LL is the best solution.
You might want to check with a tenant's rights agency in Ohio.
I don't know the laws there, but in some states if you need to relocate more than a certain distance away due to your circumstances (employment opportunity, need to be back with family due to pregnancy, or a host of other reasons) ... state law takes precedence over terms of a lease contract and allows you to break your residential lease. Of course, you are responsible for the damage/security deposit, and for any shortage on the lease payments during the term of your occupancy. It sounds like there's no shortage to date, so notify your landlord ASAP of your need/intent to vacate in July. Don't wait until the lease payment is due, move out before you've incurred the months obligation ... and do your best to leave the premises in a rental ready condition to help the LL make a tenant change-over which goes a long way to mitigate any possible damages to the LL.
It's worth checking with such an agency for your options. This may be easier than you think to move back to your home state.
That sounds fair and I am not trying to get out of whatever it is that I will owe if the landlord cannot find another tenant. If I can pay it, I will pay it.
The boyfriend is going to get his old job back and we will be staying with family until we can get back on our feet. That being said we should be in a position where we'll be able to pay what is owed. The money will just be paid with each check. Hopefully I will be able to get a temp job as well to help.
I know if I do not pay it will get applied to my credit and according to the landlord my wages will be garnished until it is paid off. I get that. I just don't understand the eviction part. By what I understand an eviction is applied to someone who needs to leave the residence and this is the way to get them out, for various reasons. In my case it would be due to not paying the rent. Well, I am leaving ahead of time and letting the landlord know, so will I still have the eviction and the bad credit or just the debt?
I just don't understand the eviction part. By what I understand an eviction is applied to someone who needs to leave the residence and this is the way to get them out, for various reasons. In my case it would be due to not paying the rent. Well, I am leaving ahead of time and letting the landlord know, so will I still have the eviction and the bad credit or just the debt?
If you two come to a mutaul agreemtn, it is not an eviction. So if you agree to pay $X to end the lease early, that's a mutual agreement to terminate the lease. But if you leave and stop pay rent and the LL has to go to court, that's an eviction. You are being evicted because you are not paying rent plus you will have a judgement probably for what the balance of the lease is (minus mitigations).
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