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Need advice: signed a lease Thursday to move to a different state starting Aug, mother had catastrophic fall the next night on Friday. She's fighting for her life in ICU. Very bad situation. There is no way I can move as Aug 1 is a week away.
Was going to hand deliver deposit and first months rent to Management Co. on Monday. Instead called Monday (2 days after signing lease) and asked if we could be released from lease due to circumstances. Management company said NO that we have to adhere to break lease terms (pay one month finder fee, pay rent until tenant found (SFh been on market for 80 days up until us), and pay difference in rent if they decide to lower it. Wrote emotional plea and provided documentation to the landlord via management company (who knows if he got it), even offered landlord one month compensation fee for the 2 days it was unlisted and administrative costs to date (one week). Mgmt Co says landlord says NO they want to adhere to break lease policy.
Current situation: husband living in brother's home in the state we were going to rent in as he is working now, but we won't be moving into rental, won't be picking up keys, won't be turning on utilities. If situation worsens, husband will quit job and return to help with Mom. If not, he will continue to live with brother until we can get a grip on things and re-assess. Too much happening to make these decisions.
Having lawyer write a letter to managment co to ask them to release us again.
Q: Since the rental has been on the market 80 days to now, (they seems strict with tenant requirements), this could turn into 10k we owe them, depending on how long unit is vacant. How strong of a case would I have if they came to sue us? They are already threatening us.
No case. Law is not based on tragedy even though I'm very sorry for you but it is based on what you signed otherwise te apartment complex will set themselves up for discrimination lawsuits of picking and choosing which story is the worst and most believable.
The company did not get a deposit. Their bad. They would have to sue you, or turn you over to a collection company to get a judgment. Make a deal of a single month's rent, at most.
Thanks, I realize my case will not be strong since the owner will not release me from the lease. I tried to offer 1 month plea and mgmt company said no wants to use break lease clause (can't understand why bec I may become a headache).
Should I go up to 1.5 months? Worth it to get have lawyer wrote a strongly worded letter or forget it?
Thanks, I realize my case will not be strong since the owner will not release me from the lease. I tried to offer 1 month plea and mgmt company said no wants to use break lease clause (can't understand why bec I may become a headache).
Should I go up to 1.5 months? Worth it to get have lawyer wrote a strongly worded letter or forget it?
Mgmt co not answering phone or emails.
Quote:
Originally Posted by tdkramer
Thank you. Even if I immediately provided proof from hospital and can continue to do so. Any ideas on how I can negotiate? What an unexpected mess.
OP, I'm sorry about your Mom and this whole ordeal.
Don't waste your money on having a lawyer write a strongly worded letter. The fact is, you signed a legally binding contract and so the LL has the law on his side. The LL is also unwilling to negotiate, so by law you have to follow the terms of the lease.
Check your state laws to see if your LL is required to make reasonable steps to rerent.
This article also states: A few state laws list other reasons that allow tenants to break a lease, for example because of a job relocation or family health problems.
Ca you start paying for the new rental, except just leave it vacant for a few weeks while things play out. Maybe in a few weeks you'll be in a position to plan to move. Then you'll already have the rental ready for you.
Ca you start paying for the new rental, except just leave it vacant for a few weeks while things play out. Maybe in a few weeks you'll be in a position to plan to move. Then you'll already have the rental ready for you.
I am very sorry about your mother.
Yes may have to do this since they are playing hard ball. There is also a vacant clause that says it cant be empty for more than 2 weeks or else it turns into the same language as the break lease clause. They are really going to hold this over us, I can see it. I'm screwed out of $ either way from a LL who is heartless. 2 days after signing.... unbelieveable.
Yes may have to do this since they are playing hard ball. There is also a vacant clause that says it cant be empty for more than 2 weeks or else it turns into the same language as the break lease clause. They are really going to hold this over us, I can see it. I'm screwed out of $ either way from a LL who is heartless. 2 days after signing.... unbelieveable.
Not unbelievable in the least actually. He paid the property management company a fee, likely a months rent maybe more, in order for them to find you. The landlord will have to pay another fee to find the next tenant too. It is real financial damages, not on paper damages from the vacant unit, he is out of pocket on this deal as it currently stands and needs to make-up this money. Unless you think landlords are charities... and they aren't.
Don't pay anything and let them sue you. All they can collect is what you owe if they win in court, don't pay the judgement and offer $10 a month to the collection agency.
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