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06-29-2013, 10:05 AM
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Location: The Triad (NC)
33,081 posts, read 77,611,552 times
Reputation: 41369
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Quote:
Originally Posted by confusedasusual
Two months plus the one month security deposit that I will forfeit seems awfully fair to me.
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It was a MORE than fair offer to settle the contract.
And as such (and as the attorney will advise you)... you really shouldn't have any serious worries.
The only question I see is whether the LL gets another chance at that generosity.
Or at least without having to fight for it.
The balance of rent paid for the month you'll be moving and the SD ...
should be MORE THAN enough cash to cover him until he gets a new tenant.
Beyond that? He'll have to demonstrate a genuinely diligent (2013) effort to re-let.
On that point... how did *you* find the apartment? |
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06-29-2013, 10:14 AM
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Location: In the city
1,581 posts, read 3,698,767 times
Reputation: 2415
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[quote=MrRational;30249788]It was a MORE than fair offer to settle the contract.
And as such (and as the attorney will advise you)... you really shouldn't have any serious worries.
The only question I see is whether the LL gets another chance at that generosity.
Or at least without having to fight for it.
The balance of rent paid for the month you'll be moving and the SD ...
should be MORE THAN enough cash to cover him until he gets a new tenant.
Beyond that? He'll have to demonstrate a genuinely diligent (2013) effort to re-let.
On that point... how did *you* find the apartment?[/quote]
There was a handwritten sign posted on the house and I happened to be walking by. The house is gorgeous so I was excited and figured (correctly) that not a lot of other people would see such a small sign.
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06-29-2013, 10:43 AM
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Location: North Idaho
30,919 posts, read 42,518,058 times
Reputation: 71680
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You could talk to a lawyer, and if the landlord is not allowed to raise the rent when he is looking for a replacement tenant, the lawyer will send him a "back off Bozo" letter.
Whatever you do, do not sublet. You make yourself completely responsible for any damage done by your sub-tenant and you are still on the hook for any rent that they do not pay.
If you just move out without this being resolved, you risk having an eviction on your credit report and that will go a long ways towards ruining your life.
You signed a contract and you are legally bound to follow it.
By the way it makes absolutely zero difference what furniishngs the landlord has. He did not adopt you, promising to support you. What he did was rent you a unit with mutually agreed upon terms, which you no longer like.
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06-29-2013, 10:59 AM
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Location: In the city
1,581 posts, read 3,698,767 times
Reputation: 2415
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Quote:
Originally Posted by oregonwoodsmoke
You could talk to a lawyer, and if the landlord is not allowed to raise the rent when he is looking for a replacement tenant, the lawyer will send him a "back off Bozo" letter.
Whatever you do, do not sublet. You make yourself completely responsible for any damage done by your sub-tenant and you are still on the hook for any rent that they do not pay.
If you just move out without this being resolved, you risk having an eviction on your credit report and that will go a long ways towards ruining your life.
You signed a contract and you are legally bound to follow it.
By the way it makes absolutely zero difference what furniishngs the landlord has. He did not adopt you, promising to support you. What he did was rent you a unit with mutually agreed upon terms, which you no longer like.
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Its not that I "don't like" the terms. I work for the federal government. I go where they tell me to go.
The lease only says that I forfeit the deposit if I vacate early. It does not stipulate that I have to find another tenant. It does not outline any other terms for breaking the lease such as an amount of money to buy the lease out. So as far as I am concerned, I owe my deposit. Period. I am trying to work with him and he is being greedy. |
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06-29-2013, 11:19 AM
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Location: St Thomas, US Virgin Islands
24,669 posts, read 67,015,199 times
Reputation: 26681
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Quote:
Originally Posted by confusedasusual
The lease only says that I forfeit the deposit if I vacate early. It does not stipulate that I have to find another tenant. It does not outline any other terms for breaking the lease such as an amount of money to buy the lease out.
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You didn't mention this before but in fact said, " The lease has NO PROVISION for breaking it." It would be interesting to know in what context this forfeiture is mentioned and the exact wording as it could be interpreted to mean that in fact this IS the penalty for breaking the lease. |
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06-29-2013, 11:26 AM
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Location: In the city
1,581 posts, read 3,698,767 times
Reputation: 2415
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Quote:
Originally Posted by STT Resident
You didn't mention this before but in fact said, "The lease has NO PROVISION for breaking it." It would be interesting to know in what context this forfeiture is mentioned and the exact wording as it could be interpreted to mean that in fact this IS the penalty for breaking the lease.
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Yes, I reviewed it again this morning. Let me grab it and I will quote for you. |
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06-29-2013, 11:55 AM
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Location: Simmering in DFW
6,951 posts, read 21,867,267 times
Reputation: 7268
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If you lose your deposit, wouldn't that be the equivalent to the 2 months' relocation allowance. Wouldn't you get reimbursed per the 2 months' clause? If that's the case, break your lease, lose your deposit and go after the employer relocation amount. Confer with the peeps in HR at your location about this.....
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06-29-2013, 11:56 AM
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Location: The Triad (NC)
33,081 posts, read 77,611,552 times
Reputation: 41369
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Quote:
Originally Posted by confusedasusual
The lease only says that I forfeit the deposit if I vacate early.
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aha! The plot thickens.
Quote:
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So as far as I am concerned, I owe my deposit. Period.
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And had you mentioned this detail 25 post back...
Chat means diddly. Written documents with signatures mean all. |
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06-29-2013, 12:49 PM
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Location: In the city
1,581 posts, read 3,698,767 times
Reputation: 2415
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Okay, here is what it says:
Security Deposit:
Nothwithstanding any other provisions expressed or implied herein, it is specifically understood and agrred that the entire security deposit shall be automatically forfeited as liquidated damages should the lessee abandon or vacate the premises before the expiration of the lease except where abandonment occurs during the last month of the term of the lease, lessee has paid all rent covering the entire term and either party has given the other timely written notice that this lease will not be renewed under its automatic renewal provisions.
Default or Abandoment:
Should the lessee fail to pay the rent or any other charges arising under this lease promptly as stipulated, should the premises be abdandoned (it being agreed that an absence of the lessee from the lease premises for five consecutive days after rentals become delinquent shall create a conclusive presumption for abandonment) by lessee or should lessee begin to remove furniture of any substantial portion of lessee's personal property to the detriment of the lessor's lien, or should voluntary bankruptcy proceedings be commenced against lessee, lessee shall ipso facto be in default and the rent for the whole of the unexpired term of the lease together with attorney's fees shall immediately become due.
So I *am* probably screwed.
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06-29-2013, 12:56 PM
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Location: The Triad (NC)
33,081 posts, read 77,611,552 times
Reputation: 41369
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Quote:
Originally Posted by confusedasusual
Nothwithstanding any other provisions...
So I *am* probably screwed.
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You're no more screwed than you were before this last round of chat.
a) you have a specifically understood obligation
b) the LL also has an unclear (pending research etc) obligation.
Research for what the common law on mitigation in NOLA is
and how the Courts there draw the common sense line in the matter. |
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