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Terminating a lease legally (under the protection of the law) is not the same as mitigating damages. If you terminate the lease under any provision but what was mentioned (there may be a few others such as mentally incompetent with no estate while posing a danger to other tenants) it’s not a termination authorized by law without penalty. Sure you can reduce paying damages based on mitigation, but as the court opinions reference states, this is about payments for rental periods beyond the statutory notice requirement; it does not establish a legal conclusion that there was no breech of the lease by the tenant because of mitigation.
If you give notice and move out it’s a breech against the tenant with a duty for the landlord to mitigate their monetary damages. The items I mentioned are those the law says end the lease. There is nothing under those provisions for a landlord to mitigate since the law says the lease ends.
Terminating a lease legally (under the protection of the law) is not the same as mitigating damages. If you terminate the lease under any provision but what was mentioned (there may be a few others such as mentally incompetent with no estate while posing a danger to other tenants) it’s not a termination authorized by law without penalty. Sure you can reduce paying damages based on mitigation, but as the court opinions reference states, this is about payments for rental periods beyond the statutory notice requirement; it does not establish a legal conclusion that there was no breech of the lease by the tenant because of mitigation.
If you give notice and move out it’s a breech against the tenant with a duty for the landlord to mitigate their monetary damages. The items I mentioned are those the law says end the lease. There is nothing under those provisions for a landlord to mitigate since the law says the lease ends.
Quote:
Originally Posted by Rabrrita
Thats pretty much correct. YOu have only 5 ways to legally terminate the lease early.
1. Mutal agreement between the landlord and tenant. You tried this and they said no.
2. Using a provision under the Sevicemember Civil Relief Act. Not sure if joining the militray just to get out of the lease is really worth it.
3. Die. I personally would only use this as a last resort.
4. Uninhabitable. If the property is condemed or an order to vacate due to some health or safety code issue.
5. By court order. This is what your shooting for. Your only real option is to have a judge grant you the right to leave based on the failure of the landlrod to follow the law. Just make sure you understand that in Indiana, judges are more likely to fine and penalize the rear off a landllord before allowng a lease break. Of course they can also award you a monetary judgement for the agrivation.
Sorry, Rabrrita, you can't spin this one. You said the OP would have to die, etc., to get out of the lease, that a judge would never let him/her out of the lease.
Wrong.
The OP does not need to have any reason whatsoever to break a lease in Indiana. Yes, he/she will likely have to pay some rent after moving out, but the OP said he/she is willing to do this. The OP is looking for how to minimize the cost in breaking the lease. You're telling the OP it's impossible. This is wrong.
Indiana law specifically gives the tenant the right to break a lease, and also tells the landlord that if the tenant breaks the lease, that the LL must mitigate damages.
I say, the OP can probably leave and only owe one month's rent and get the deposit back, and may not even be out of pocket a full month's rent. Because, the LL has a duty to mitigate damages in Indiana, when a tenant breaks a lease. Hence, breaking a lease is legal in Indiana. Therefore, a judge would allow the OP to break the lease.
Doing this is not illegal, and it will not affect the OP's credit, is not an eviction so it won't show up on an eviction report. Worst case scenario, the LL tells a future LL that the OP broke his/her lease, legally, and left owing no money. And maybe the LL will also share that the OP will sue future landlords if they try to rip the OP off. I say, spread the word.
Last edited by NoMoreSnowForMe; 04-25-2014 at 10:04 AM..
You said the OP would have to die, etc., to get out of the lease, that a judge would never let him/her out of the lease.
Not what was said at all, viz (bolded my emphasis):
Quote:
Originally Posted by Rabrrita
If you terminate the lease under any provision but what was mentioned (there may be a few others such as mentally incompetent with no estate while posing a danger to other tenants) it’s not a termination authorized by law without penalty.
My first apartment had some "issues" for sure, but things like bugs and water leak in the garage, and dirt, can you just clean it? Put a bucket or container where the leak is so the maintenance doesn't have to be urgent? Hammer down the nails in the carpet like anyone would so no one steps on them or cover them with something. The dishwasher needs to be fixed or replaced but in the meantime there is the sink. It doesn't sound like it's uninhabitable, just needs a few things that are not life or death.
You didn't see it before renting, so in the end it is your responsibility because you should ALWAYS see a place before renting, always, and do an inspection and make a list of any damage or flaws you see so you don't get blamed for it. You didn't do these things so just clean up what you can until maintenance can do any real work that needs to be done.
....... However, since we moved 100's of miles away we were not able to see the property before we moved in..........
And just think how much cheaper and easier it would have been to have someone fly out, stay a few days in a motel, and look at the places for rent. By not doing that, you are now stuck in a place you don't like and it is going to cost you a great deal of inconvenience and money to get out of it.
If no one could visit in advance, you would have been better off to move the family into a short term rental while you picked out a place to live.
It is my firm policy to never rent to anyone who doesn't come in person to see the rental before signing papers. Many of them are just looking for a quick place to light and unload while they look for a place to move to, and those people are all complainers, trying to set it up so the move out isn't their fault. Not only do I have a vacancy again 2 months later, but the tenants are unpleasant to deal with.
There are lots of landlords who feel like I do. Absolutely no tenants accepted who have not viewed the property in person. So, that removes many of the good rentals from the options for long distance movers and leaves them with available rentals where the landlord is hoping to trick someone who hasn't seen the unit into signing a lease.
Yes, there are some good rentals available sight unseen, but they are few and far between.
Please. Because the OP didn't see it beforehand makes it okay for the LL to lie about what they're buying?
So, if you buy a classic Mustang from a guy across the country, and he promises that it has a motor in it. You get there and there's no motor, you should suck it up and just buy a motor for it, because, hey, you didn't go look at it first?
Sheesh, you guys.
Even if the OP didn't like the color of the walls, the OP has the right to break the lease and move. And no, the OP doesn't HAVE to stay and paint the walls a different color.
I understand what you are saying, but they promised the home to be "Move-In" ready, which means that they lied to us. They should have noted all these problems before allowing tenants to move it. It ultimately is THEIR responsibilty.
If I promise to pay my rent on time, but end up paying late, they would be on my A** about it, so why do they feel that they have the right to lie and slack and be deceitful.
Yes I am able to do all those things, but ultimately it is NOT my responsibilty.
My son and I (I am pregnant) have been coughing and sneezing since the day we moved it. I just discovered that there are no air filters in any of the vents. On opening it it was dusty with tons on spiderwebs.
Just because certain things are acceptable to you does not mean that it has to be acceptable to me. If someone tells me that something is going to be a certain way, and it a certain condition, I expect them to honor their word.
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