Getting out of a lease early

[dmw16]

Up until 2 weeks ago I was living and working in Maryland. I got a job offer that was too good to pass up in Connecticut so now I am here (in CT).

My wife is staying at the condo we are leasing until June when she is done with the school year (she's a teacher) then after that she is relocating up here with me.

We have a lease until September 30, 2009.

I want to exit my lease early. My landlord offered me the following deal:

I move out July 1, but continue paying rent until he finds a tenant. At that point I'll be excused from the rest of my lease payments. I will also have to pay 1/2 months rent penalty ($825 of our $1650/month lease).

I sent him a counter offer of:

I move out June 25 and pay for the full month of June. I also give up my security deposit ($1650) and then I am not responsible for any more rent payments regardless of him finding a tenant.

First off, I know I signed a lease, but I was listening to a real estate radio show and the guy on the show was saying that with as much notice as I have given my landlord has very little legal leg to stand on for coming after me for my remaining rent payments.

I'm curious if anyone has gone thru anything like this? Could I speak to a lawyer and see if he/she thinks I am justified in my offer?

If I did want to get a lawyer how do you find a good one? I don't want some shady law firm. I want someone who is reputable and such.

 

[ggnl]

What does the lease say about early termination? If there aren't any provisions spelled out in the contract then you're probably at his mercy.

Edit: And he has plenty of legal leg to stand on in demanding full payment for the remaining months. You signed a contract agreeing to do so.

 

[apac]

Does your lease have a sublease policy? Where you are responsible for finding the new tenant, with a few fees attached?

His offer is terrible, yours seems fairly reasonable.

 

[Gibson486]

you cannot counter offer. Sorry. If that is what the lease states, that is what you have to do unless the landlord has some life altering epiphony for one hour and decides to take a loss. I have dealt with this before and paying a penalty and finding the next tenant and continuing to pay rent until then is the norm. BTW, using the security deposit for something else besides its intention is illegal in lots of states.

 

[rivan]

Seems like the landlord's being pretty reasonable, trying to work with you on it.

Also seems to me that if you hire a lawyer, you're going to throw at least as much as the penalty down the drain, probably more if the landlord puts up any fight.

Personally, I'd just try to come to a compromise and not involve a lawyer.

Edit: Realize the landlord's got bills to pay just like you do. Just because you split and stop paying rent doesn't mean his mortgage payments will stop.

 

[dmw16]

Thanks for the input. I figured with the lawyer I'd find out if my offer was reasonable if he/she felt it was then I'd ask him/her to draft a letter. I am not looking for a legal battle and if it came to that would just accept his offer.

His offer kind of sucks because he has no incentive to find a new tenant before September. I thought my offer was much more fair. It penalizes me and potentially rewards him for finding a tenant for July because then he essentially gets double rent.

I know a signed a lease and I am ultimately at his mercy, but if I can push back a little bit and save ~$3000 I will.

 

[rivan]

Originally posted by: dmw16
Thanks for the input. I figured with the lawyer I'd find out if my offer was reasonable if he/she felt it was then I'd ask him/her to draft a letter. I am not looking for a legal battle and if it came to that would just accept his offer.

His offer kind of sucks because he has no incentive to find a new tenant before September. I thought my offer was much more fair. It penalizes me and potentially rewards him for finding a tenant for July because then he essentially gets double rent.

I know a signed a lease and I am ultimately at his mercy, but if I can push back a little bit and save ~$3000 I will.

Yeah - but be aware going from negotiating between you and him to getting a letter from a lawyer changes the tone of the whole thing.

As a former landlord, I would certainly drop any flexibility I had if I'd have received such a letter.

 

[ElFenix]

Originally posted by: Gibson486
you cannot counter offer. Sorry. If that is what the lease states, that is what you have to do unless the landlord has some life altering epiphony for one hour and decides to take a loss. I have dealt with this before and paying a penalty and finding the next tenant and continuing to pay rent until then is the norm. BTW, using the security deposit for something else besides its intention is illegal in lots of states.

you can always counter offer.

 

[Gibson486]

Originally posted by: dmw16
Thanks for the input. I figured with the lawyer I'd find out if my offer was reasonable if he/she felt it was then I'd ask him/her to draft a letter. I am not looking for a legal battle and if it came to that would just accept his offer.

His offer kind of sucks because he has no incentive to find a new tenant before September. I thought my offer was much more fair. It penalizes me and potentially rewards him for finding a tenant for July because then he essentially gets double rent.

I know a signed a lease and I am ultimately at his mercy, but if I can push back a little bit and save ~$3000 I will.

well...that is why YOU need to find a tenant. These leases are made so that once they are rented, the work is done.

 

[K1052]

Originally posted by: rivan

Originally posted by: dmw16
Thanks for the input. I figured with the lawyer I'd find out if my offer was reasonable if he/she felt it was then I'd ask him/her to draft a letter. I am not looking for a legal battle and if it came to that would just accept his offer.

His offer kind of sucks because he has no incentive to find a new tenant before September. I thought my offer was much more fair. It penalizes me and potentially rewards him for finding a tenant for July because then he essentially gets double rent.

I know a signed a lease and I am ultimately at his mercy, but if I can push back a little bit and save ~$3000 I will.

Yeah - but be aware going from negotiating between you and him to getting a letter from a lawyer changes the tone of the whole thing.

As a former landlord, I would certainly drop any flexibility I had if I'd have received such a letter.

exactly

If I received such a letter from my tenant I'd make sure to hold them to the full terms of the lease.

 

[aceO07]

Originally posted by: dmw16
His offer kind of sucks because he has no incentive to find a new tenant before September. I thought my offer was much more fair. It penalizes me and potentially rewards him for finding a tenant for July because then he essentially gets double rent.

Your offer kind of sucks because if he doesn't find a tenant before September, he's penalized for someone not paying as agreed by contract. It's not always possible to find a new tenant when a lease is up, so he doesn't want to take that risk.

See if he'll accept you finding a new tenant for him. As long as he agrees and the new tenant is good, nobody loses out. You have to do extra leg work, but at least it's better the landlord just looking by himself.

 

[Jschmuck2]

Find a mushroom growing in your place

 

[JulesMaximus]

Why don't you sublet the apartment? I did that when I moved from Rochester, NY to Los Angeles, CA years ago.

 

[dmw16]

Originally posted by: ElFenix

you can always counter offer.

Agreed, no reason I can't counter offer.

I may actually call this real estate expert with the radio show. He seemed pretty clear that someone in a situation like mine can basically walk away considering how much notice I gave.

I really don't want to get a lawyer involved because it does change the tone and I don't like the idea of fighting over it. But if changing the tone means I save $2000-$3000 then I don't really care what he thinks of me when it's all done.

As for finding new tenants he implied that the half months penalty was to cover his time/trouble of finding a new tenant. I am living 300 miles away and my wife is there by her self during the week. There isn't a chance in hell I am going to be letting people come over and check the place out when I am away.

 

[dmw16]

Originally posted by: aceO07

Originally posted by: dmw16
His offer kind of sucks because he has no incentive to find a new tenant before September. I thought my offer was much more fair. It penalizes me and potentially rewards him for finding a tenant for July because then he essentially gets double rent.

Your offer kind of sucks because if he doesn't find a tenant before September, he's penalized for someone not paying as agreed by contract. It's not always possible to find a new tenant when a lease is up, so he doesn't want to take that risk.

See if he'll accept you finding a new tenant for him. As long as he agrees and the new tenant is good, nobody loses out. You have to do extra leg work, but at least it's better the landlord just looking by himself.

Maybe both of our offers suck. Maybe he'll counter with 1.5 months penalty or something, but I am not just going to roll over and take the first offer.

 

[Gibson486]

Originally posted by: dmw16

Originally posted by: ElFenix

you can always counter offer.

Agreed, no reason I can't counter offer.

I may actually call this real estate expert with the radio show. He seemed pretty clear that someone in a situation like mine can basically walk away considering how much notice I gave.

I really don't want to get a lawyer involved because it does change the tone and I don't like the idea of fighting over it. But if changing the tone means I save $2000-$3000 then I don't really care what he thinks of me when it's all done.

As for finding new tenants he implied that the half months penalty was to cover his time/trouble of finding a new tenant. I am living 300 miles away and my wife is there by her self during the week. There isn't a chance in hell I am going to be letting people come over and check the place out when I am away.

you know laywers cost money, right? It will probably cost you $300 for the consultation alone.

 

[JJ650]

My wife puts up with this sort of shit all of the time. She and her mother own their own property management company and are always being threatened to be sued by someone wanting to move out for any sort of reason (legit or not).

What the landlord offered you is baisically a standard practice. You signed a LEGALLY binding contract to rent that property for the designated time. Now that you are going back on your signed commitment, this means that the landlord/manager has now missed out on a tennant that could have commited to the full term agreements.

Right now, the chances of someone renting that property are better than waht might have been a couple of years ago due to mortgage fiascos and all.

I would take the offer handed to you. Your counter offer is a slap to the face. The threat of courts only pisses people off.

 

[dmw16]

Yeah, I know lawyers cost money. But even if a consultation and letter cost $1000, I still saved over $2000 potentially.

 

[Gibson486]

Originally posted by: dmw16

Originally posted by: aceO07

Originally posted by: dmw16
His offer kind of sucks because he has no incentive to find a new tenant before September. I thought my offer was much more fair. It penalizes me and potentially rewards him for finding a tenant for July because then he essentially gets double rent.

Your offer kind of sucks because if he doesn't find a tenant before September, he's penalized for someone not paying as agreed by contract. It's not always possible to find a new tenant when a lease is up, so he doesn't want to take that risk.

See if he'll accept you finding a new tenant for him. As long as he agrees and the new tenant is good, nobody loses out. You have to do extra leg work, but at least it's better the landlord just looking by himself.

Maybe both of our offers suck. Maybe he'll counter with 1.5 months penalty or something, but I am not just going to roll over and take the first offer.

All I can say is goodluck and be happy you are not dealing with a management company. If that was the case, you would be screwed and you are at their mercy (the have none). And that talk show host sounds like a scum bag. It does not matter how much notice you give.

 

[dmw16]

Originally posted by: JJ650
My wife puts up with this sort of shit all of the time. She and her mother own their own property management company and are always being threatened to be sued by someone wanting to move out for any sort of reason (legit or not).

What the landlord offered you is baisically a standard practice. You signed a LEGALLY binding contract to rent that property for the designated time. Now that you are going back on your signed commitment, this means that the landlord/manager has now missed out on a tennant that could have commited to the full term agreements.

Right now, the chances of someone renting that property are better than waht might have been a couple of years ago due to mortgage fiascos and all.

I would take the offer handed to you. Your counter offer is a slap to the face. The threat of courts only pisses people off.

How is my offer insulting? It's business plain and simple. I didn't do it as a slap to the face or anything else. He wants as much money as possible and so do I.

I know I signed a lease. I was merely looking for others who may have been in a similar situation. If I have to pay for the remaining lease payments I will. I knew in taking this job that it was a possibility. But if I can find an out I would like to and so would you.

 

[summit]

Originally posted by: dmw16

Originally posted by: ElFenix

you can always counter offer.

Agreed, no reason I can't counter offer.

I may actually call this real estate expert with the radio show. He seemed pretty clear that someone in a situation like mine can basically walk away considering how much notice I gave.

I really don't want to get a lawyer involved because it does change the tone and I don't like the idea of fighting over it. But if changing the tone means I save $2000-$3000 then I don't really care what he thinks of me when it's all done.

As for finding new tenants he implied that the half months penalty was to cover his time/trouble of finding a new tenant. I am living 300 miles away and my wife is there by her self during the week. There isn't a chance in hell I am going to be letting people come over and check the place out when I am away.

lawyers aren't cheap either. just find a tenant for him.

 

[dmw16]

Originally posted by: Gibson486

Originally posted by: dmw16

Originally posted by: aceO07

Originally posted by: dmw16
His offer kind of sucks because he has no incentive to find a new tenant before September. I thought my offer was much more fair. It penalizes me and potentially rewards him for finding a tenant for July because then he essentially gets double rent.

Your offer kind of sucks because if he doesn't find a tenant before September, he's penalized for someone not paying as agreed by contract. It's not always possible to find a new tenant when a lease is up, so he doesn't want to take that risk.

See if he'll accept you finding a new tenant for him. As long as he agrees and the new tenant is good, nobody loses out. You have to do extra leg work, but at least it's better the landlord just looking by himself.

Maybe both of our offers suck. Maybe he'll counter with 1.5 months penalty or something, but I am not just going to roll over and take the first offer.

All I can say is goodluck and be happy you are not dealing with a management company. If that was the case, you would be screwed and you are at their mercy (the have none). And that talk show host sounds like a scum bag. It does not matter how much notice you give.

Talk show host is an experienced and well respected real estate agent, but whatever.

The deal he offered me is the same as what you'd get from any leasing company so really it wouldn't matter if I was dealing with them or him in that regard.

 

[Gibson486]

Originally posted by: dmw16
Yeah, I know lawyers cost money. But even if a consultation and letter cost $1000, I still saved over $2000 potentially.

so...what will you do if your landlord says no? Take him to court? You are guarenteed to lose and you will still owe the lawyer more money and court is not free either.

 

[Gibson486]

Originally posted by: dmw16

Originally posted by: Gibson486

Originally posted by: dmw16

Originally posted by: aceO07

Originally posted by: dmw16
His offer kind of sucks because he has no incentive to find a new tenant before September. I thought my offer was much more fair. It penalizes me and potentially rewards him for finding a tenant for July because then he essentially gets double rent.

Your offer kind of sucks because if he doesn't find a tenant before September, he's penalized for someone not paying as agreed by contract. It's not always possible to find a new tenant when a lease is up, so he doesn't want to take that risk.

See if he'll accept you finding a new tenant for him. As long as he agrees and the new tenant is good, nobody loses out. You have to do extra leg work, but at least it's better the landlord just looking by himself.

Maybe both of our offers suck. Maybe he'll counter with 1.5 months penalty or something, but I am not just going to roll over and take the first offer.

All I can say is goodluck and be happy you are not dealing with a management company. If that was the case, you would be screwed and you are at their mercy (the have none). And that talk show host sounds like a scum bag. It does not matter how much notice you give.

Talk show host is an experienced and well respected real estate agent, but whatever.

The deal he offered me is the same as what you'd get from any leasing company so really it wouldn't matter if I was dealing with them or him in that regard.

and respected real estate agents cannot be scum bags?

 

[dmw16]

No, I am not going to take him to court. The whole lawyer comment was more of a sanity check. If the real estate agent on the radio was right then a lawyer would at least confirm that fact. Or maybe the lawyer would tell me to take the offer. I have no intention of fighting him in court as it would be a waste of energy, time, and money.

You are acting like I kicked your dog. All I am wondering is what my options are. It's business not personal. If there is some way out that makes me look like a dick I could care less if it saves me money.