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Old 09-22-2012, 09:48 AM
 
Location: Portland, OR
8,802 posts, read 8,900,938 times
Reputation: 4512

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I'm being relocated for my job and need to break my lease for my apartment 6 months in. I rent directly from the owner of the house, have been on time with payments, no damage and all in all a good tenant. She's allowing me to break my lease provided that I find a suitable replacement that she and my current roommate (who I'm friends with) both agree with the replacement.

Still, I'm fearful that I won't be able to find someone by the time I have to move. When you consider that a security deposit is considered an asset for me, it's looking like the net balance of what I'll owe her is $6,000. What do you think the chances are she lets me walk away from my lease for a penalty of less than that $6,000? I'm asking just in general of course and trying to apply to my specific situation. Do landlords ever allow people to do this for less than the $6,000.
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Old 09-22-2012, 10:27 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,718,121 times
Reputation: 26727
Sure they do - it's all about communication. In any event, even when such cases end up in court, the landlord has to show that he's made every attempt to mitigate his damages and is almost never allowed to collect any more than one month's additional rent. I'd suggest that the three of you (you, the LL and your roommate) combine efforts to find a suitable replacement as finding the right person works to everyone's benefit. Advertising isn't that expensive (craigslist is usually free), word of mouth can be successful; if you're in a university/college town use bulletin boards - the options are limitless. Good luck!

If your present employer is transferring you, aren't they offering you any sort of a relocation package? Some employers will work with your LL and ante up a lease buy-out.
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Old 09-22-2012, 11:21 AM
 
Location: Portland, OR
8,802 posts, read 8,900,938 times
Reputation: 4512
Quote:
Originally Posted by STT Resident View Post
Sure they do - it's all about communication. In any event, even when such cases end up in court, the landlord has to show that he's made every attempt to mitigate his damages and is almost never allowed to collect any more than one month's additional rent. I'd suggest that the three of you (you, the LL and your roommate) combine efforts to find a suitable replacement as finding the right person works to everyone's benefit. Advertising isn't that expensive (craigslist is usually free), word of mouth can be successful; if you're in a university/college town use bulletin boards - the options are limitless. Good luck!

If your present employer is transferring you, aren't they offering you any sort of a relocation package? Some employers will work with your LL and ante up a lease buy-out.
Unfortunately, I'm but a lowly associate who can only expense IRS deductable moving expenses. Things like costs to get out of a lease, surrendered security deposits, etc they won't pay.
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Old 09-23-2012, 12:44 AM
 
28,115 posts, read 63,687,353 times
Reputation: 23268
Too bad you are not active duty...
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Old 09-23-2012, 06:45 AM
 
16,376 posts, read 22,494,081 times
Reputation: 14398
How much is your monthly rent? What is your security deposit.

Run craigslist ads and delete old ad/ replace with new ad, every 2 days.


Include photos in the ad.
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Old 09-27-2012, 05:02 PM
 
Location: Portland, OR
8,802 posts, read 8,900,938 times
Reputation: 4512
She's rejected 2 people. One of them offered to pay all of the rent up front, and she still rejected him. The other guy she rejected because apparently he makes food the smells and she doesn't want it to affect the neighbors.
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Old 09-27-2012, 07:15 PM
 
Location: The Triad
34,092 posts, read 83,000,140 times
Reputation: 43666
Quote:
Originally Posted by VTHokieFan View Post
She's allowing me to break my lease provided that I find a suitable replacement that she and my current roommate (who I'm friends with) both agree with the replacement.
Quote:
Originally Posted by VTHokieFan View Post
She's rejected 2 people.
One of them offered to pay all of the rent up front, and she still rejected him.
Now it's time to call her bluff.

Document everything and then do what you have to do.
Once you're out and NOT PAYING... I bet her standards will come back to reality.

Cross the several bridges that may or may not appear as they come.
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Old 09-27-2012, 07:33 PM
 
Location: Portland, OR
8,802 posts, read 8,900,938 times
Reputation: 4512
Quote:
Originally Posted by MrRational View Post
Now it's time to call her bluff.

Document everything and then do what you have to do.
Once you're out and NOT PAYING... I bet her standards will come back to reality.

Cross the several bridges that may or may not appear as they come.
The second guy she rejected because his references told her that he makes smelly food and she didn't want to disrupt the neighbors above me.
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Old 09-27-2012, 09:20 PM
 
Location: Portland, OR
8,802 posts, read 8,900,938 times
Reputation: 4512
So I'd like to pose a question to the legal eagles out there in my instance. If this thing were to go to court, it would appear that I would owe my landlord $6,000 in rent, probably less since it appears I wouldn't be on the hook for full damages since she has to make some effort to mitigate them. Let's just say the judge comes down and says $5,000 is the total judgement for rent, damages, legal fees.

I'm a 25 year old with negative net assets, a car worth $1,600 (according to the county) and 176,000 miles and no real property. Based on what I've read, it appears one may put a lien on real and some personal property in order to satisfy my landlord's claim if I refuse to pay. The Arlington County court information goes on to say, however "If the person you obtain a judgment against has no assets, your judgment may be worthless."

So seeing as I have no assets to seize, and I'm moving across the country to another state, am I correct to believe that potentially the worst thing to come out of this might be a hit to my credit score and a poor landlord recommendation? Are they really going to put a lien on my car that they probably won't get more than $800 in a fire sale?

Have you heard of the saying: "Owe a banker 10,000 and the bank owns you. Owe a banker a million and you own the bank."?

Seems to me it'd be in my landlord's best interest to work with me.
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Old 09-27-2012, 09:35 PM
 
Location: NJ
17,573 posts, read 46,153,827 times
Reputation: 16279
Personally I would have a conversation with the LL and explain your financial position. Let them know that the only thing they are accomplishing by rejecting applicants is a court battle that will yield pretty much nothing even if the LL wins.
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