Breaking a lease (Seattle: renter, mortgage, loans)

[superbusymomof3]

We rented a house in the Seattle Eastside area. When we rented, the landlord asked for first and last month rent which we paid. Unfortunately, due to unexpected job loss we have to move to another state 2 months before the lease is up. Our lease included 1 month free if we stayed a year (which would have been Nov)

In the lease that we signed, it says that we agree to pay the rent and security deposit at the time of signing which was (what we thought was the 2 months rent)

The lease also states that the rents shall be due per month and except that such tenancy shall be terminable upon fifteen (30) days written notice served by either party.

We served notice on Aug 29.

When we rented, the landlord never showed up for any walkthrough. We are planning to get the carpets cleaned as our children have dirtied them. Other than that there is nothing damaged, and he has no record of the condition of the house anyway.

We were not planning to pay the rent for the last month because we feel that we have already paid. If there is any damaged in our last month, we will repair it.

He just called and says he wants to come and collect the rent which we feel has already been paid. He is also threatening to pursue legal action to collect October's rent if he doesn't have it rented.

Given that the lease doesn't state anything about breaking the lease other than the above poorly worded fifteen (30) day notice which we gave, does he have a leg to stand on? What about the rent?

I'm very hesistant to give him anymore money since I'm pretty sure he is in big money trouble of his own since he is a mortgage loans worker.

[bmsea]

Typically you don't pay first and last month's rent, you pay first month's rent and a security deposit (equal to a month's rent) when you move into a new place. The right thing to do in this situation, assuming your lease really does say that anyone can break the tenancy with 15/30 days notice (is it 15 or is it 30), would be to provide your 30 days notice, and pay your rent until your tenancy is over. The landlord has 7 days from the time your tenancy is over (and you vacate the rental) to return your security deposit, less anything he withheld for documentable damage or wear on the rental.

You may not withhold rent because you are making assumptions about your landlords financial situation.

It would be odd to find a 1 year lease, that it would also states that the tenancy can be broken by either party with 30 days notice. Are you sure that wasn't a holdover clause?

You can walk away from this and not pay the last months rent and justify that in your own mind that you already paid the last months rent, but that's not the right thing to do. Depending on what your lease really says, your landlord can take legal action to force you to pay the October rent if he can't rent it out (he is obligated to try to rent it to offset damages).

These are just my understanding of the landlord/tenant laws in Washington, as a past renter and current landlord.

[superbusymomof3]

Thanks..... it is a very poorly worded lease and when he gave it to us, he said he downloaded it and modified it. In the first paragraph it gives the time frame of the lease as being from Dec to Nov 30. It mentions that if we stay a year the 11 month is free. The only other thing it mentions is that either party can terminate with fifteen (30) days notice.....which we took as 30 days notice.

We gave him about 35 days written notice.

If that is the case, we will give him the rent for September. My problem with October is he has advertised the place for $200 more than we paid and there is a glut of rentals in the area which has actually pushed prices down. Is he not obligated to try to rent it for fair market value (at the very least what we are paying for it?)

Also what are the tenant responsibilities? We will clean the place, and we offered to clean the carpets. And how does he prove any damages when he has no documentation of prior damage?

Are we responsible for normal wear? Is that the landlord's responsibility?

[photogoddess]

Go over your lease with a fine tooth comb-don't assume you paid first and last, take what the lease says at face value, you signed it and as long as he didn't put in anything illegal, you should expect to hold up your end as you would expect the landlord to.
Look up renter's rights for the state-they do vary from state to state, and it would be in your best interest to be as prepared as possible if he does proceed with legal action. Make sure you have all your paperwork (lease, etc) at hand.
Good luck