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Old 09-14-2013, 06:24 AM
 
10,599 posts, read 17,890,912 times
Reputation: 17353

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Quote:
Originally Posted by AYM2013 View Post
I purchased a house, something that I wasn’t expecting to happen so fast, but we got a good deal and we couldn’t pass it up. The situation is this I still have 3 months lease remaining on where I live now (Dec-31) and I can’t afford paying for two places (over $1500 total), so I called the landlord and tried to work a deal with them and arrange payments, but they refused to even consider any deals and my only option is to pay for the 3 months or pay 2 months and surrender the security deposit which is almost the same amount. I have a family of 5 and there is no way I can afford paying for 2 places or pay them a one lump sum of $2100, so what can I do, and what are the consequences if I moved out without paying for the last 3 months considering that I would clean up the place to better than what it was when I moved in, and they have my security deposit and my payments are up to date
So you'll lose your deposit then own him the remaining months and pay him off over time, JUST like your original "premise" that you wanted payment arrangements.

I don't understand the problem.

Unless you really didn't want payment arrangements but wanted him to forgive the rent. Did you really expect to get your deposit back when you're breaking your lease? Also did you even look up the landlord tenant law for your state? Some states like Florida have a statue spelling out legitimate terms for breaking a lease early.

He'll either let you pay him off over time or go to court and get a judgement and enforce it. And now that you OWN something, once he gets the judgement, he can put a lien against the new house that will pay him back when you sell that house if you have equity. If you never pay the lein, it'll stay against your credit and he'll keep renewing it when it expires for as many years as your state's law allows (likely for your whole life)...and your credit score will stay lower because of your debt and that's that.

Such a "good deal"!

This cracks me up. People have been complaining about the evil banks since 2008 when it was the greedy PEOPLE ignoring the terms of their contracts (like recasting their mortgages in time) that caused the "housing meltdown".

IF you ABSOLUTELY HAD TO BUY A HOUSE (which you really should not have since you don't even have an extra 3000 or whatever in the bank for that house)...the obvious thing would have been make your offer contingent on a 90 day closing. It sounds like you really didn't think this thing through.

Your other option is to back out of the sale, lose your down payment and maintain your credit and buy another house when you're in a better financial position. Or HOPE that you get something on the inspection that allows you to back out of the sale and get your money back. IF YOU EVEN PUT AN INSPECTION into the contract.

Last edited by runswithscissors; 09-14-2013 at 06:37 AM..
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Old 09-14-2013, 07:31 AM
 
Location: Riverside Ca
22,146 posts, read 33,519,030 times
Reputation: 35437
I love how some posters tend to want to justify the ways to leave. I wonder how many will change their tune if they were the LL. See its easy to justify just leave, give them the keys and make it their problem. They are not gonna do anything they can rerent it so don't worry. All they are doing is enforcing a agreement YOU signed, yet they are the bad ones?

Would the tune change if you were the one who just lost $2100? And if they agreed to taking smaller payments it probably makes for a accounting nightmare cause now they have to keep track of your specific oayment and they probably dont ave a system to do that and what happends when you feel that you no longer need to pay cause you paid enough or need the money for repairing xyz at your house?
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Old 09-14-2013, 08:31 AM
 
Location: Hampton Roads
3,032 posts, read 4,734,470 times
Reputation: 4425
Quote:
Originally Posted by Kim in FL View Post
I wouldn't be so sure...........and the last thing this financially strapped lady needs is a judgment on her credit.


With the judgment they can place a lien on that new house she just bought, garnish her wages and/or garnish her tax returns until the judgment is cleared. Large corporate companies have lawyers on speed dial and have no problem going to court.

She needs to choose one of her options and move on.
You misunderstood me, I think.... They are not going to care if they have to go to court with her. A lot of companies if you mention getting an attorney involved, they will balk and hold up.... a major property management company won't balk, since they have in house counsel usually and i had said that in a post up there earlier. They also have the lease that she signed on their side so she is screwed if they decide to take her to court. I told him they won't care since she seems to think they will care about taking her to court.

But i was just saying if she gave them possession early, they do have an obligation to try to re-rent the unit once possession is given back to them. They can advertise it, show it and charge them for that cost or just place it as an available unit on their website.... but if someone else moves in, her financial responsibility ends on the day the new tenants move in.... They should have explained that to her when she asked about her lease break options that she could a.) pay the lease break fee or b.) give them possession of the place when she moves out so they can re-rent the unit.... if the unit isn't re-rented, she will still owe rent on the first of the month even if she isn't living there. Doing something like that is risky, especially if you had like 8 months or so left on your lease.... but it is an option. They don't have to work hard to actively re-rent your unit, though. All they have to do is prove they showed it as available.

I'm not saying the landlord doesn't deserve the $2100 lease break fee, but I am trying to say that a better option than doing a sublet is to give them possession of the place back so they can try to turn the apartment. If it doesn't turn and you're financially obligated until the end of the lease, at least she can pay the accelerated rent as it is due, instead of the lump sum charge lease break fee. And if they turn the apartment quickly and someone else wants to move in within 45 days or so, she will only be charged for those extra 45 days.
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Old 09-14-2013, 08:34 AM
 
Location: Hampton Roads
3,032 posts, read 4,734,470 times
Reputation: 4425
it is funny we were saying the exact same thing just differently....
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Old 09-14-2013, 12:08 PM
 
Location: Dade City, FL
116 posts, read 144,023 times
Reputation: 69
here is the tenant/landlord laws for you and your state.

Lawriter - ORC
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Old 08-16-2014, 08:38 AM
 
1 posts, read 915 times
Reputation: 10
Red face Ignore the negative

Hey if ur so perfect w ur finances then go find something better to do then knock someone who isn't perfect like you. You do not kno this persons personal situation and needs to do what's best in raising thier family. People fall into hard times they made it clear they are willing to pay they juz can't do it at one time "instead of sticking ur 2 sense in" they are looking for advice not ur ignorant comments. Back to poster: if landlord won't work w u seek legal action thru a public defender and have the judge order that u can make payments in the meantime try to find a new tenant to take ur place so the judge sees your doing everything on your end to help the landlord. Dnt listen to rude people - thier life muz b miserable that have to interfer w yours. Good luck to u and ur family hope all works out!!
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Old 08-16-2014, 09:00 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,686,254 times
Reputation: 26727
Quote:
Originally Posted by Princess72071 View Post
Good luck to u and ur family hope all works out!!
It probably has since the thread is almost a year old.
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