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If I don't find a job in the next 3 weeks then I have no other choice but to break my lease. The landlord says I have to find a new tenant OR buy out my lease for $6,990. I'm leaving my son with my mother so I can go somewhere else and look for work so at least he won't be homeless.
What's the best way to find someone to take over a lease in an apartment complex?
How did you find the apartment in the first place?
If you know any of the people in the building ask them if they know of anyone looking; ask them to pass the word around. If there's a notice board somewhere in the complex, put up a notice. Local stores, put up a sign. Craigslist, local newspapers, private mailbox services if there are any where you are.
It's highly unlikely that your LL would ever prevail in court if he sued you for over $6K. He has to do his utmost to mitigate his damages. Hope it works out for you quickly. Good luck.
I have lived in the complex for 8 years now. While on our vacation my mother moved the family into a small one bedroom apartment which was WAY too small for all of us. So, me being stupid but wanting to do the best thing for my son, rented our own 1-bedroom apartment. I thought, again very stupid on my part, that I would be able to get a job as things are starting to pick up. I now find myself with very low funds and an apartment to pay for. The manager is new and runs things by the book. The old manager would let you out of your lease if you didn't damage the place or give them grief...she will not. You either find a new tenant or buy out your lease (amount of monthly rent times the months left on the lease). She evicts people at the drop of a hat and we always rent quickly but since it is in the lease they have every right to do it. I can't see how they can charge you the lease in full then turn around and rent the same apartment in 2 weeks or less for the same amount but its happening.
She is even being a stickler with the no guests for more than 3 days...but since my son is a child she is allowing him to stay for 2 weeks max or my mother loses her lease.
What state do you live in? In most states if you give notice you are vacating the lease, the landlord is obligated to try and find a new tenant and can only charge you for the months after you vacate when they do not have a tenant. So you do not have to pay the full cost of the remainder of the lease, only the time it is vacant.
You either find a new tenant or buy out your lease (amount of monthly rent times the months left on the lease). She evicts people at the drop of a hat and we always rent quickly but since it is in the lease they have every right to do it. I can't see how they can charge you the lease in full then turn around and rent the same apartment in 2 weeks or less for the same amount but its happening.
They can't. If you can't find a new tenant and you move out, the only recourse she has is to file against you in small claims court. A landlord is not allowed to "double dip" and she can only sue you for any rent that she lost between the time you left (or stopped paying rent) and the time she re-rented the unit. And, as mentioned earlier, she has to prove that she's mitigated her damages. Just because she's been getting away with this nonsense doesn't make it legal and she's only been getting away with it because nobody has challenged her.
The lease says "Upon vacating prior to the expiration of the term, this agreement shall remain enforced in full, with all monies and future rent (through the end of the initial term) immediately due and payable."
So, I guess they can/are double dipping since I signed the lease.
The lease says "Upon vacating prior to the expiration of the term, this agreement shall remain enforced in full, with all monies and future rent (through the end of the initial term) immediately due and payable."
So, I guess they can/are double dipping since I signed the lease.
What does your STATE LAW say on this?
Its said here many many times, does not matter what your lease says if your state laws say otherwise. So read your state laws and that will explain what the landlord can and can not do. If the landlord said that upon early termination you owe them a camel and 2 elephants plus 20 kg of cocaine, do you think that will hold up in court even if you signed it?
Go to the first "sticky" on this forum page and see if your state is linked there. If not, google, "(your state) landlord tenant laws" and start reading. As you are being told, your LL cannot legally double dip and cannot make demands which state laws supersede.
What does your STATE LAW say on this?
Its said here many many times, does not matter what your lease says if your state laws say otherwise. So read your state laws and that will explain what the landlord can and can not do. If the landlord said that upon early termination you owe them a camel and 2 elephants plus 20 kg of cocaine, do you think that will hold up in court even if you signed it?
State law says they have to mitigate their losses and I would be responsible for the rent until it is rented....however they also have a notation for "early termination fees" that allow the renter to get out of the written contract which is what this would fall under...so technically they can charge me what ever they want in order to get out of the contract.
She is even being a stickler with the no guests for more than 3 days...but since my son is a child she is allowing him to stay for 2 weeks max or my mother loses her lease.
Check your state laws - in some states - this does not apply to family members.
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