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our lease goes to spring 2009, and we have to move by the beginning of October. we're gonna present to the LL an offer to replace the carpet and give them rent for the following 2 months, bringing our payments up to december, which is only 4 months shy of our lease end. do any of you LL's out there, or renters for that matter, think this is reasonable? it's just that we've rented here for years and have made every payment within reasonable time, but our rent has increased by 30% over the past 3 years and we can't afford it anymore. plus, we want to move out of state asap.
also they awant to sell it, and we're not buying it.
do you think 2 additional months rent + new carpet (which needed to be replaced when we moved in) should suffice? we just simply can't afford to get a new place while paying rent here at the same time.
What does your lease say the penalty for breaking it is? I'd do that. Am I right to assume you messed up the carpet? Why else would it need replacing? Have you lived there long enough for it to be normal wear and tear?
Location: Stuck on the East Coast, hoping to head West
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Also, I'd check the law. In some areas if the landlord can find another tenant then you wouldn't be responsible for the additional months. In other words, if you give notice now and agree to stay for a few months, the landlord might have to make an effort to find another tenant (for example, by running an ad in the local paper). If he does then you might not be responsible for the remaining months anyway. I'd check your local landlord/tenant commission.
If there is no provision for breaking the lease in the document itself, whether or not you can break the lease is probably up to your landlord's discretion. Your lease is a contract and if you signed for a year, you are obligated to support your end of the bargain.
Having said that, there may be an early-release clause in your lease, so as someone else suggested, read that first.
If there is no clause just call your landlord and say you would like to break the lease. If they ask why, you can be honest and say you can't afford the rent any more. It's customary for the landlord to allow you to get out of the lease with 2 month's rent. This is just a custom, and the landlord may ask for more or even refuse to let you break the lease. If that happens, you may have to go to court.
Your landlord may ask that you help him/her find another tenant or agree to have prospective tenants view the apartment while you are still there. Whatever you decide, please ask the landlord to send it in writing.
BTW, the landlord raised the rent in the MIDDLE of your lease?
If were the LL, I'd take it. If I want to sell the house, it's easier to sell empty with no lease. I'd also tell the LL to pick out the carpet for color and texture. That way, as a seller, the LL can pick what he/she thinks will sell the house. Make the offer with a dollar amount in mind. Good grade, not the best.
Check your lease and see if there is any mention of penalty for breaking the lease. Since you have been there for years the LL probably will be disappointed, but grateful to get it empty to put on the market.
good luck with it. Let us know the outcome.
do you think 2 additional months rent + new carpet (which needed to be replaced when we moved in) should suffice? we just simply can't afford to get a new place while paying rent here at the same time.
Well, the short answer is, no, it's not reasonable. That said, if the landlord agrees to let you go early, that's his decision. If not, the only reasonable thing to do is what your lease and/or your state property code say you must do. The landlord has no obligation to subsidize the financial expenses of your move by forgiving amounts owed.
The best approach would be to write a letter (don't call) and make your offer. Include as many benefits as you can for the landlord (your cooperation in showing, keeping the place clean, etc.) and see if he accepts. If not, don't get bitter, angry or start making excuses to break the lease, just do what you agreed.
Finally, this is a terrible time of year to create a vacancy for the landlord. It's harder to rent or sell after school starts. Another approach would be to look for a replacement tenant just till the end of your term, offer a great rent to the replacement, and pay the landlord the difference in exchange for releasing you in writing from further obligation. Then, when you write your letter, you'll have a better offer to make.
In most (or all?) states, for a residential lease, the landlord is obligated to look for a new tenant. Check with your local tenant council. But you are responsible for the rent until a) a new lessor is found or b) your lease expires.
Your lease may have a clause that allows you to sublet but that's becoming less common because landlords want to be able to approve all tenants. You can try placing an ad yourself and supply the landlord with leads. But the landlord still has the right to determine an applicant's eligibility.
the carpet needed to be replaced when we moved in, so we're not obligated to replace it.. although it doesn't look any better since we've been here. we just thought it would help them get someone in here faster (the carpets a mess)
if we gave them 2 months extra rent, we'd only be short on the lease by 4 months... which.. it's not good, but it's not bad. we signed a 2 year lease, and who knows what can happen in that amount of time, plus we've lived here 4 years total. also, we moved in here during dec. which is when we'd be paid up till, but for some reason our new lease said it ended in April. so we'd be actually technically completing 2 years, but not completing to the date that the lease actually says.
the rent was raised after the 2nd 1 year lease, and with the 3rd lease, which was a 2 year lease, but it said that if we did not buy, the rent would be raised at the beginning of the next year (this year), so it's been raised 3 times, 10% each time. we they said if we wanted to buy the home, that's fine, and if not.. that's fine too. we're under no obligation to buy the house.
the lease says we are obligated to finish out the lease, but it doesn't say what the penalty would be otherwise, or any way out of it.
the law here is that we'd have to continue paying the lease until they find another tenant, and that they are obligated to search for another tenant.
but would we have to wait until they found a buyer, or would they be obligated to find a renter to finish out the duration of the lease?
the reason why i'm asking if all this is reasonable, is i'd like to leave on good terms and i was kinda feeling you guys out to see if it was reasonable. they'd be tenant-less in April (4 mos later) anyway, and at least this way, they'll have 2 months of an empty house, professionally cleaned with new carpet to find more renters or buyers, as opposed to having an empty house come April, and having to look for renters after we leave with no income from this house. (they rely heavily on our rent money)
so i want whats best for everybody, but i have to look out for my family first.
do you know if they could use that time to look for a buyer instead of a renter, cause that would no doubt take much longer, and we couldn't afford it. also, do you think my rationale is reasonable, cause i'm trying to be as fair as possible and make this work for everyone.
the reason why i'm asking if all this is reasonable, is i'd like to leave on good terms and i was kinda feeling you guys out to see if it was reasonable.
The only opinion that matters is that of your landlord. What we say here is not relevant, except that it may provide a context for you to understand what an ordinary landlord would consider "reasonable". But in the end, you either comply with your lease agreement or you don't.
Send a letter to your landlord, ask for what you want, and see what he says.
What we say here is not relevant, except that it may provide a context for you to understand what an ordinary landlord would consider "reasonable".
Steve
and that's all i was looking for... a context for me to understand what an ordinary landlord would consider "reasonable".
thanks
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