Breaking a lease at an apt?

zod96

Platinum Member
May 28, 2007
2,872
68
91
My sister just got a section 8 apt for like $800 less than what she is paying now. Problem is her lease on the old apt. is like 6 months away. What would be the best way to break the lease or leave the apt she is at now? She is moving into her new apt. on Sept 1st. She thinks that she will just not pay the rent and then get evicted problem solved. But I don't think that's how it works. Any ideas on how to go about this? Its already a done deal with the new apt anyways so its going to happen one way or the other.


Thanks....
 

waggy

No Lifer
Dec 14, 2000
68,143
10
81
talk to the landlord. tell them the situation. they might (doubt it) let her out of it.

"She thinks that she will just not pay the rent and then get evicted problem solved"

bwhahahah hproblem solved? hahahahahhaahhaha
 

yottabit

Golden Member
Jun 5, 2008
1,671
874
146
states have different laws regarding this

Many states like my own have laws stating that if you bail on an apartment, the landlord can only charge you for the months of rent until it is rented again. So this can vary tremendously based on the desirability of the apartment and region
 

Farang

Lifer
Jul 7, 2003
10,913
3
0
states have different laws regarding this

Many states like my own have laws stating that if you bail on an apartment, the landlord can only charge you for the months of rent until it is rented again. So this can vary tremendously based on the desirability of the apartment and region

This.. check out your state law. Here in Seattle the law is like this, making lease's meaningless because apartments get rented so quickly. You just lose your deposit.

I did have a lease that charged a $1000 "administrative fee" for breaking a lease.. so check your lease as well.
 

UglyCasanova

Lifer
Mar 25, 2001
19,275
1,361
126
I would talk to the landlord and tell them the situation. Say that she can't afford it. I got out of a lease agreement once by finding a replacement. I asked around until I found someone that was looking for a place, they signed a lease, and then the landlord said that's fine and took her and let me off. Worst comes to worst she could just pay for both (sec 8 is what $50 a month?) until it runs out. I'm not sure what the reprecussions would be if she just stopped paying.
 

sixone

Lifer
May 3, 2004
25,030
5
61
If she gets evicted, it goes on her credit report. As long as she doesn't try to move or buy a car in the next seven years, "problem solved".

She should talk to the landlord.
 

zod96

Platinum Member
May 28, 2007
2,872
68
91
$50 Ha ha good one. No its 2 Bedroom 2 bath $1000. Brand new place and its alot bigger than her old one which was $1600 for a smaller one. She is section 8 because she has 2 kids is a single mother and the dickhead father bailed on her and owes about $50,000 in back child support and is no where to be found. I think I will tell her to talk to the landlord first. My understanding is they seem pretty cool. I'll tell her to tell them she just can't afford it anymore and is moving back in with my parents. She knows she will probably not get her deposit back...Her credit is already an F so she could careless about her credit. My parents Co-signed on the lease of the new apt that is why she got it. Also how much is a early termination fee on a lease ballpark?
 
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sixone

Lifer
May 3, 2004
25,030
5
61
$50 Ha ha good one. No its 2 Bedroom 2 bath $1000. Brand new place and its alot bigger than her old one which was $1600 for a smaller one. She is section 8 because she has 2 kids is a single mother and the dickhead father bailed on her and owes about $50,000 in back child support and is no where to be found. I think I will tell her to talk to the landlord first. My understanding is they seem pretty cool. I'll tell her to tell them she just can't afford it anymore and is moving back in with my parents. She knows she will probably not get her deposit back...Her credit is already an F so she could careless about her credit. My parents Co-signed on the lease of the new apt that is why she got it. Also how much is a early termination fee on a lease ballpark?

Did your parents cosign the least on the apartment she's in now? Being evicted will show up on their credit report, too.
 

Balt

Lifer
Mar 12, 2000
12,673
482
126
Her credit report might not be the only thing affected. Since she signed a contract saying she would pay $X, they might be able to take her to civil court, right?

If it were a small amount they might just turn it over to a collections agency, which means she could just ignore it for the next 7 years. Not sure that's gonna happen if she's on the hook for $6k, though.
 
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Vic Vega

Diamond Member
Sep 24, 2010
4,535
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Section 8 housing does not automatically mean "the hood". When I was living in Florida my apartment complex applied for and was granted section 8 eligibility, which means they could rent to people who couldn't otherwise afford it at a reduced cost and Uncle Sam paid the difference. The normal cost of rent here was around $18,000.00 per year, though I was told it could be as high as $23,000.00 per year for upgraded third floor units with taller ceilings and skylights.

Average home price for the zipcode: $506,834
Average individual salary for the zipcode: $66,453

Not the hood by a long shot.

Most of the residents, including myself, did not know the owner was applying for section 8. We all received a letter on our door stating the complex had recently obtained section 8 status and 1 unit in 15 (so one unit per building basically) would be rented as section 8. There were 11 buildings, so of 165 units, 11 were eligible for section 8 renters - that doesn't mean they all were, just eligible. As it turned out the unit across the hall from me was one of those units and a widow and her three children moved in. The widow was early thirties, college educated and a department head (math) at the Junior High across the street. No problems from them whatsoever, if anything the other kids in the complex could have learned from those kids as they were all polite, well behaved and straight A students.

This is in contrast to the little punk who lived below us, the son of an oncologist who recently relocated to the area and was renting an apartment while looking for a house. That guy's little shit stain of a kid spray painted the building and broke into a couple cars. He also put a brick in the drier at the laundry. This is from a guy making half a million a year.

I suppose the moral of the story is that income is not always a determining factor for behavior.

The
 
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zod96

Platinum Member
May 28, 2007
2,872
68
91
This apt place she is going into now is brand new in a very up scale area. My understanding is the city tells the apts in the area they have to reserve a few apts with section 8 in mind. She works for UPS my sister and makes decent money. under 50K but being a single mother of 2 and no child support in silicon valley 50K is nothing really its peanuts. She pretty much lives paycheck to paycheck. All because of her loser ex husband. I can't believe how nice this new apt is. Its better than mine and bigger and cheaper. She applied for section 8 like 2 years ago and is just now getting it.
 

darkxshade

Lifer
Mar 31, 2001
13,749
6
81
Your credit gets dinged on eviction? What if you were evicted for non-monetary reasons? ... Like having pets pooing all over the building, loud noises, basically for being a dick.
 

Raizinman

Platinum Member
Sep 7, 2007
2,355
75
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meettomy.site
There are lots of ways to get out of a lease. Stop paying is a sure way. You can make the house inhabitable. An infestation of rats, cockroaches, etc. Get the point? Having been a landlord for 20 years I've seen pretty much everything.
 
May 13, 2009
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I just shudder at the thought of section 8 because they had a place near where I use to live that was section 8. Let's just say I wouldn't of lived there if they paid me much less me paying them.
Best of luck to your sister. I know there are truly people that need and deserve help and she sounds like one of them.
 

Vic Vega

Diamond Member
Sep 24, 2010
4,535
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Your credit gets dinged on eviction? What if you were evicted for non-monetary reasons? ... Like having pets pooing all over the building, loud noises, basically for being a dick.

Your credit gets dinged when you owe money you don't pay. So, if you get evicted or leave on your own accord but owe money to the owner they can and will report the delinquent debt on your credit. The act of eviction itself doesn't ding credit - owing money does.
 

Doppel

Lifer
Feb 5, 2011
13,306
3
0
talk to the landlord. tell them the situation. they might (doubt it) let her out of it.

"She thinks that she will just not pay the rent and then get evicted problem solved"

bwhahahah hproblem solved? hahahahahhaahhaha
Well it would solve the immediate problem. This is precisely how poor people think, though, and would pound her credit into smithereens. Although I suspect it's already down there.

Having broken a lease before myself I recommend reading the lease agreement. It spells out the penalties involved. Typically 1-2 months notice plus a month of rent or something as an additional penalty.