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Old 06-28-2013, 09:01 PM
 
Location: In the city
1,581 posts, read 3,673,162 times
Reputation: 2410

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I am being transferred with my government job. I have lived in an apartment for 15 months. My lease had an automatic renewal clause at 12 months. The job was finalized last week.

I had given my LL a heads up and he said "that's fine but you will have to pay until someone rents the place." The lease has NO PROVISION for breaking it. The gov't will pay for 2 months to break a lease per the terms of my transfer. But my place is very unique and gorgeous and I figured it wouldn't be hard to rent.

I took some nice pics and posted them at work. My coworker and his wife came to look at the apartment. They met the LL and all was well until he quoted them a price $200 ABOVE what I pay and what the other units in the building (there are 2 others) go for. He also told them they need to sign a new lease instead of just taking over mine. I was floored, as he hadn't mentioned any of this when we talked about the appointment.

Any advice here? I haven't told him about the 2 months that I can ask to be paid. I am trying to help out and get the place rented, but frankly the increase makes it unappealing as its at the top of the market already. He can't force me to stay. We have always had a good rapport. I am happy to host appointments and showing and advertise on CL for him. But he's being a real pain.
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Old 06-28-2013, 09:11 PM
 
Location: The Triad (NC)
32,735 posts, read 76,748,958 times
Reputation: 40750
Quote:
Originally Posted by confusedasusual View Post
...and he said "that's fine but you will have to pay until someone rents the place."
Said another way, the sooner the LL attends to his business (advertises and re-lets the space)...
the sooner your business with him wil be over. There are very few properties today that won't go quickly.

Quote:
...he quoted them a price $200 ABOVE what I pay ...
He also told them they need to sign a new lease...
Any advice here?
1) document this incident 2) document the other pertinent facts 3) live your life

A lease is not an indenture and though you DO have obligations until the space is re-let... but the LL
also has responsibilities to do that re-letting and promptly. In many states that responsibility is codified in
statute or at least common law. Focus on returning the property as clean and whole as you found it and in
as close to "ready to rent" condition as possible.

On a practical basis... don't expect to get your SD back as most or even all of that will be
consumed by the interim vacancy period. But don't volunteer to pay more rent until after you
have settled the move out inspection and by that the value of the SD amount due you.

So, assuming you have paid your July rent and will be moving out at some point during the
month (lets call it the 20th) and will leave the place in pristine condition... the LL then has six
weeks to find and sign another paying tenant before he is out of pocket from this event.
If he doesn't dawdle in all this he might actually be ahead.

hth

Last edited by MrRational; 06-28-2013 at 09:22 PM..
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Old 06-28-2013, 09:12 PM
 
Location: Simmering in DFW
6,952 posts, read 21,750,979 times
Reputation: 7256
Check out your State laws regarding breaking leases. Your LL is really being nasty.
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Old 06-28-2013, 09:14 PM
 
Location: In the city
1,581 posts, read 3,673,162 times
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Quote:
Originally Posted by MrRational View Post
Said another way, the sooner the LL attends to his business (advertises and re-lets the space)...
the sooner your business with him wil be over. There are very few properties today that don't quickly.


1) document this incident 2) document the other pertinent facts 3) live your life

Focus on returning the property as clean and whole as you found it and in as close to
"ready to rent" condition as possible. A lease is not an indenture and though you DO have
obligations until the space is re-let the LL also has responsibilities to do that re-letting.
In many stares that responsibility is codified in statute or at least common law.

hth

We are in Louisiana, where the law is a bit unique...

I have no confidence that once I leave he will make any effort to rent the place other than a handwritten sign on the front of the house. Right now there are a TON of apartments for rent in my neighborhood. He is 83, no computer, and I figured that advertising online will at least ensure I get someone in there before I go.
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Old 06-28-2013, 09:16 PM
 
Location: Simmering in DFW
6,952 posts, read 21,750,979 times
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So what does your law say in LA?
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Old 06-28-2013, 09:18 PM
 
Location: Kirkwood, DE and beautiful SXM!
12,054 posts, read 22,289,168 times
Reputation: 31886
Are you sure that your lease is not a month to month? I haven't rented in a long time, but I thought once your initial lease was up, that most reverted to a month to month. Contracts, even renewals, need to be signed. Also, most leases have a provision for an out when the tenant has a job transfer that is at least 50 miles away.
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Old 06-28-2013, 09:20 PM
 
Location: In the city
1,581 posts, read 3,673,162 times
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My lease does indeed have an automatic renewal clause but no clause for terminating early. I am sure its the same lease my LL used since he bought the house in 1967.
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Old 06-28-2013, 09:22 PM
 
Location: In the city
1,581 posts, read 3,673,162 times
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Quote:
Originally Posted by Squirl View Post
So what does your law say in LA?
I can't find anything that says how to break a lease in this state.
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Old 06-28-2013, 09:37 PM
 
Location: In the city
1,581 posts, read 3,673,162 times
Reputation: 2410
This is all I can find:
Are there any other grounds for getting out of a lease early?Other grounds for early lease cancellation include:
  • the landlord's substantial violation of lease, meaning the landlord does not do something important he or she is supposed to under the lease;
  • the landlord's fraudulent misrepresentations (deliberately giving you the wrong idea) about the safety of the neighborhood;
  • the landlord does not stop other tenants from doing things that interfere seriously with your ability to enjoy and live in the place you rent (what the law calls your "peaceful possession" of the property);
  • a flood or fire that partially or totally destroys your apartment;
  • certain military orders to relocate.
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Old 06-28-2013, 09:51 PM
 
Location: The Triad (NC)
32,735 posts, read 76,748,958 times
Reputation: 40750
Quote:
Originally Posted by confusedasusual
I have no confidence that once I leave he will make any effort
to rent the place other than a handwritten sign on the front of the house.
Right now there are a TON of apartments for rent in my neighborhood.
c'est la vie

Quote:
Originally Posted by confusedasusual View Post
Are there any other grounds for getting out of a lease (without risk of penalty)?
No there aren't. But you shouldn't need other grounds. Living your life is plenty.
The issue here is called "landlord duty to mitigate".

Louisiana does NOT have statute law on the matter.
Investigate for what the common law is and *in particular* how the Courts in YOUR Parrish handle it.
I assure you it HAS come up before.

Meanwhile: 1) document that incident with your friends 2) document the other pertinent facts
and correspondence/conversation and unit condition 3) live your life

If/when he decides he want's or needs to do something more?
Cross that bridge when you get there.

Last edited by MrRational; 06-28-2013 at 10:01 PM..
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