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As unfortunate as the situation is, no court will rule favorably on such a case unless the plaintiff can prove that he was literally tied down and threatened with disfigurement or death if he didn't sign ...
Yeah ok but I have never seen a lease that has no early termination clause. Sure you have to pay a termination penalty. People walk away from leases all the time. They pay the penalty and they walk.
I want to thank you for all your posts. It just helps to get different options! Yes we did sign the lease and it is our fault that we did not ask for an early release clause. We have never rented before this and it was only a week after the fire that my husband and I barely got out alive. We are thankful everyone got out alive as the fire destroyed 3 homes and damaged 2. It started around 4:30 a.m. We had every intension on rebuilding, it took the insurance company a month to decide to total the home because it was over 80 percent damaged. In some states they have laws that limit price gouging of disaster victims (fire,flood,storm) Nebraska is not one of the states. I would not wish this to happen to my worst enemy. To stand & watch your home, belongings, keepsakes go up in flames. I still have nightmares!!! We survived the fire we will get through this too. We have been up front and honest with the ins. Co on our plan to purchase another home. Once we have a perm home they are no longer obligated to pay displacement, we understand that. I just could not do what the LL is doing, where is the compassion in this world! It's all about the almighty dollar whether it's wrong or right it's not for me to judge.....
How long do (did) you expect to remain there?
How long did the ins co say repairs would take?
How much of that rent is being (or was expected to be) paid by the Ins Co?
A different discussion
The same as anyone else who wants out of a lease.
a) look for an early termination clause
b) check state law on LL responsibility to re-let
c) strike a compromise between them
.
We did not know how long we would be here, we didn't know how we would get through the next day at that point. There was no repairing the home, wall left standing was torn down. The ins co has paid all the rent so far but not obligated to pay after we close on new home.
LL is obligated to Try and find a new renter, but she doesn't have to try very hard! No early term clause in lease. We are willing to a compromise on our end, just that she's not! We are not trying to get out of the lease without paying anything just not the whole $15000.00 for remaining 5 months of the lease...
Your situation certainly does suck and I think we all feel bad for you. I think your best bet is to speak to an attorney regarding your lease and what options you have under state law. Just because the person who wrote the lease is an attorney, doesn't mean the lease is done properly. Would you go to a DUI attorney for a medical malpractice case? probably not. Landlord-Tenant law can get very confusing and is quite a load to digest for someone who doesn't specialize in that area of law.
Perhaps you could make a firm offer of one month rent and the security deposit if she will let you out of the lease. I would do everything I could to NOT appear desperate though. If you appear desperate, she will know she's got her claws in you and she won't let up.
Your situation certainly does suck and I think we all feel bad for you. I think your best bet is to speak to an attorney regarding your lease and what options you have under state law. Just because the person who wrote the lease is an attorney, doesn't mean the lease is done properly. Would you go to a DUI attorney for a medical malpractice case? probably not. Landlord-Tenant law can get very confusing and is quite a load to digest for someone who doesn't specialize in that area of law.
Perhaps you could make a firm offer of one month rent and the security deposit if she will let you out of the lease. I would do everything I could to NOT appear desperate though. If you appear desperate, she will know she's got her claws in you and she won't let up.
Thanks for the input, we have an appointment with an attorney on Monday. It's worth a try to see if there is anything we can do. I know what you mean about confusing and a load to digest!
Yeah ok but I have never seen a lease that has no early termination clause. Sure you have to pay a termination penalty. People walk away from leases all the time. They pay the penalty and they walk.
I've never signed a residential lease that has an early termination clause and have never given one which contains such a clause. If it were common there would be no need for mitigation clauses in state landlord tenant laws.
I've never signed a residential lease that has an early termination clause and have never given one which contains such a clause. If it were common there would be no need for mitigation clauses in state landlord tenant laws.
Granted I dont sign many leases but every one I signed had a early termination clause. I never had to use it but it had it.
Granted I dont sign many leases but every one I signed had a early termination clause. I never had to use it but it had it.
The rental lease that I use, obtained from US Legal Forms does not have an early termination clause in it. I had never heard of one until I started participating in this forum. Apparently that clause is more common in some states.
Glad you are meeting with an attorney. Hopefully the attorney will negotiate an early termination settlement with her on your behalf. 2 months rent is fair.
You can always try to get your insurance company to pay the lease termination fee or to pay the rent for remainder of the lease. Your attorney could give it a try.
I am sure part of the reason you signed for the $3000/mo rent was because you weren't paying any of it out of pocket. It was covered by your insurance company. You just went with trying to find a place to live asap and knew insurance would pay. I suppose lots of people have to sign annual leases for temporary living quarters due to fires/floods in their original homes and then need to break the lease. I bet your insurance company can pay for the lease break fee as surely they have run into this situation before.
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