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I need to break my lease. I had a somewhat unique 18 month lease and it ends in March 2014. The 18 months was at my request as I didn't want to have to think about moving for 2 years and he wouldn't give me a 24 month lease (he wanted 12 months) so we compromised at 18. My understanding from my LL is that he wants to move back into the house in March 2014 though and doesn't want to rent it out any more (and wouldn't allow me to extend).
When I told him that I need to break the lease early and move out at the end of August, his remark was that since I'm leaving in August and he plans to move back in April, it would only be a 7 month lease for the next tenant. As a result, he said "I'll think about it but I may not even put it up for rent after you leave."
He also said "our lease agreement is clear on what happens when you break the lease."
Our lease agreement states that I forfeit one month of rent (which was my security deposit anyway). So I plan to pay him for the month of August, get the place professionally cleaned up (his request), and take off (let him keep my one month security deposit). It also says that I am responsible for paying rent + utilities on the place until a new renter is found.
If he tries to lease out the place starting Aug 1 and he is not able to find a renter, I will keep paying for the place.
However, if he isn't even going to try to rent out the place, then I don't plan to pay him anything. In my view, I think he's in for a rude awakening if he thinks that he can just not try to rent out the place since he'll be getting me to pay him until March 2014 anyway (this way the house gets less wear and tear and he gets his money). The rude awakening is that I will just ignore him. He can sue me but I don't care...I'm pretty confident that a judge will see it my way if the guy doesn't even attempt to rent it out.
I guess I have 2 questions here:
1) If he doesn't even attempt to rent out the place, am I still liable for the rent + utilities? This is in WA state and the closest law is: RCW 59.18.310: Default in rent
2) If he does list the place for rent but only allows for a 7 month lease term, is that ok? Seems like most people wouldn't want to rent the place for that short of the lease term. This is a large 5,000 sq ft house and costs over $5k/month so it's not your typical apartment/condo type of unit but more of a family/executive type of home. Not exactly the type to rent for 7 months and leave.
1. Our lease agreement states that I forfeit one month of rent (which was my security deposit anyway). So I plan to pay him for the month of August, get the place professionally cleaned up (his request), and take off (let him keep my one month security deposit). It also says that I am responsible for paying rent + utilities on the place until a new renter is found.
2. If he does list the place for rent but only allows for a 7 month lease term, is that ok?
1. This makes no sense. If your break lease fee is forfeiture of one month's rent (NOT the security deposit since security deposits are not rent) then I see no way that the LL can have it both ways and, if he doesn't re-rent the place, continue to charge you rent. The specific wording of this clause is paramount and I'd suggest you have an attorney review it.
2. He can rent out the place for whatever term he likes.
I need to break my lease.
I had a somewhat unique 18 month lease and it ends in March 2014.
The 18 months was at my request as I didn't want to have to think about moving for 2 years
and he wouldn't give me a 24 month lease (he wanted 12 months) so we compromised at 18.
How much of this preliminary negotiation is documented?
Quote:
My understanding from my LL is that he wants to move back into the house in March 2014
though and doesn't want to rent it out any more (and wouldn't allow me to extend).
When I told him that I need to break the lease early and move out at the end of August
his remark was that since I'm leaving in August and he plans to move back in April
it would only be a 7 month lease for the next tenant.
Or (potentially) a seven month obligation for you to risk having to owe.
Quote:
He also said "our lease agreement is clear on what happens when you break the lease."
Our lease agreement states that I forfeit one month of rent (which was my security deposit anyway).
SD is NOT rent. So, no that won't fly.
Quote:
It also says that I am responsible for paying rent on the place until a new renter is found.
Ahhh. The other foot drops. And yes, you are responsible.
Ordinarily the LL is ALSO responsible to attempt to re-let etc.
Your situation is a bit stickier than commonly encountered.
Quote:
...if he isn't even going to try to rent out the place, then I don't plan to pay him anything.
In my view, I think he's in for a rude awakening if he thinks that he can just not try to rent out the
place since he'll be getting me to pay him until March 2014 anyway
He can sue me but I don't care...
I'm pretty confident that a judge will see it my way if the guy doesn't even attempt to rent it out.
Oh. Well, good luck on that.
Quote:
I guess I have 2 questions here:
Quote:
1) If he doesn't even attempt to rent out the place, am I still liable for the rent + utilities?
2) If he does list the place for rent but only allows for a 7 month lease term, is that ok?
These points (I believe) will come down to how much of the preliminary negotiation is documented.
You know, the part where he shows that you INSISTED on the longer term lease (btw does it have
a renewal clause?) that you now want to pretend is not in itself already a special concession to you.
Last edited by MrRational; 07-20-2013 at 08:21 AM..
Can you please post the exact wording from the lease about the 1 month forfeit for moving out early? I think it should trump you having to pay any future rent if he doesn't find another renter. Please post the wording.
Do you have an email/text where he said he might choose to leave it empty for 7 months?
------Sounds like he screwed up the lease. You should have option 1 or 2 below . Not BOTH!!!!!
1) Pay 1 month rent for breaking the lease . Owe no more rent.
OR
2) Don t pay a 1 month break lease fee. Keep paying rent every month on due date until a new renter is found as long as landlord tries to find a new renter. If landlord doesn't attempt to rerent, you owe no rent.
Last edited by sware2cod; 07-20-2013 at 09:13 AM..
I will dig up the actual lease agreement to get the proper wording (it's on another computer right now and difficult to get to).
Some more info:
I paid a 1 month security deposit.
The lease states that I am liable for 1 month of rent as a penalty for breaking the lease early. I believe that this basically means that if I move out on 8/31 and even if he has a new renter move in on 9/1, I still have to pay him for 1 month of rent as my penalty. I am fine with this.
On one of our phone conversations he said 2 things:
a. finding a new renter for only a 7 month lease is probably going to be difficult since most renters will want more time
b. so i'm leaning towards not renting it out any more after you leave and just leave the house vacant until i move in
I was planning to let him keep my security deposit for this because I am afraid that even if I pay him for the 1 month penalty, he'll just keep my security deposit and want me to pay for the months until the end of my lease term anyway (which i don't want to do).
My concern is that he wants me to do both...pay him a 1 month penalty + keep paying him rent and utilities until the place is rented out.
I am still living here now until the end of next month so I have been treading lightly and not being confrontational.
You should do a walk thru with him after it is all cleaned and you are ready to turn over the keys. That way you will know if there will be repair issues or not. At that time you should be prepared to give him a check for the one month's lease breakage penalty and ask to just pay the diff between him keeping the security deposit and any additional repairs he will be making.
Before you meet you can always tell him that you would like to work with him on the best way to pay that final penalty of one month's rent....since he is still holding your security deposit. If you have that convo on the phone, you will at least get some feeling for his disposition about all this.
The lease states that I am liable for 1 month of rent as a penalty for breaking the lease early.
It also says that you are "responsible for paying rent on the place until a new renter is found"
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My concern is that he wants me to do both...
Editorial imprecision isn't enough to get out of the very common contract obligation.
It may get you out of the *additional* gig of the penalty the first phrase describes.
But if you're facing a 7 months bill... what's one more?
On one of our phone conversations he said 2 things:
a. finding a new renter for only a 7 month lease is probably going to be difficult since most renters will want more time
b. so i'm leaning towards not renting it out any more after you leave and just leave the house vacant until i move in
Unfortunately, phone conversations mean nothing. What you have and get in writing (on your lease and from here on out) is what's important and enforceable.
I was planning to let him keep my security deposit for this because I am afraid that even if I pay him for the 1 month penalty, he'll just keep my security deposit and want me to pay for the months until the end of my lease term anyway (which i don't want to do).
The security deposit is for any possible damage you have done to the rental...it is NOT a bargaining tool for you to use to entice him to allow you out of your lease. He has laws he has to abide by regarding that security deposit and cannot legally just keep it in the manner you are intending.
I would tread carefully...you may well end up owing more than you think. A judge can enforce the lease and impose penalties on you for abandoning the lease. I would suggest re-negotiating with your LL and try offering a couple / three months as a flat payment for allowing you out of your lease early. Get whatever agreement you make with him in writing.
The other point is that he may have a hard time (almost impossible) renting such a high cost rental for such a short term (7 months)... the reason he can only offer a 7 month lease to a new renter is because of you. You have put him in a difficult situation by forcing him to only be able to offer a short term lease (what he does or intends to do with the home after your lease would have been up is not your business and not something you should have any interest in).
2) If he does list the place for rent but only allows for a 7 month lease term, is that ok? Seems like most people wouldn't want to rent the place for that short of the lease term. This is a large 5,000 sq ft house and costs over $5k/month so it's not your typical apartment/condo type of unit but more of a family/executive type of home. Not exactly the type to rent for 7 months and leave.
Why wouldn't it be OK? You knew going in exactly what the LL's plan's were. Yet you pushed for a longer lease and now want to break it.
I was planning to let him keep my security deposit for this because I am afraid that even if I pay him for the 1 month penalty, he'll just keep my security deposit and want me to pay for the months until the end of my lease term anyway (which i don't want to do).
My concern is that he wants me to do both...pay him a 1 month penalty + keep paying him rent and utilities until the place is rented out.
.
You need to leave the security deposit as-is. Pay the 1 month lease break fee separately. Allow him to return your security deposit per state law within x days after you move out (usually 30 days but states differ.) If he doesn't return it, then you send him a demand letter and if that doesnt work, you sue him for it. And you will win in court if you dont have any damages to the rental. take photos inside and out before you move...including inside of fridge and oven and photos of shower, toilets, sink, etc.
The reason you MUST send the lease break fee per the lease...if you don't...he can then revert to you owing rent every month until lease expires. This is because YOU didn't fulfill the lease terms by paying the 1 month lease break fee. If you don't fulfill these terms, then the lease break deal is out the door. Then lease then reverts back to the state law default where you owe rent each month until he rerents. YOU DO NOT WANT THIS. I repeat, you must pay the lease break fee and don't allow the security depsoit to be intermingled with this. It doesn't follow the lease terms and a judge will not side with you on this matter (if it went to court).
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