How to get out of lease contract with room mate?

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polarmystery

Diamond Member
Aug 21, 2005
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Hello all,

I took a gamble when I moved to Maryland moving into a house with cheap rent, but I made a mistake. The room is too small for me, the room gets too hot/stuffy preventing me from sleep, we've had rodent problems, and the neighboorhood is very shady. I was glancing over my lease contract and it is a standard lease contract, but there is no termination clause. This is what it says:

"Term - Lessor leases to Lessee and Lessee leases from Lessor the above described Premises together with any and all appurtenances thereto, for a term of 1 year, such term beginning on June 1st, 2009 and ending at 12'oclock midnight May 31st 2010."

The only stipulation I can find is a Default clause, Abandonment, and binding effect. I already gave my room mate the notice that I want to leave (I want to vacate at the end of October so it's longer than 30 days notice). I don't see anywhere that says I have to pay any money if I decide to leave early even though the length of the contract is for 1 year. Is there anything I can do? I talked to him and he said I could have someone take over but when it comes time and nobody takes it, I don't want to be stuck.

 

bobdole369

Diamond Member
Dec 15, 2004
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When it comes time, and nobody takes it - you'll be stuck.

If there is no termination clause (other than default) than another contract betwixt your landlord and you guys can amend it, saying xxx will pay yyy in consideration for dissolving a lease zzz.

Else its verbal and no good at all. The LL can have your ass for rent for the remainder of the contract. Even if he agrees to let someone take over, even if someone else takes over, then 2 months later moves out.



 

waggy

No Lifer
Dec 14, 2000
68,143
10
81
get a big bottle of vodka. get together with roomate. have sex with the roomate. then claim rape the next day and moveout. the landlord will feel sorry for you and let you out of the lease.
 

puffff

Platinum Member
Jun 25, 2004
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if the rodent problems are bad enough, you may have a legal course to break the lease citing health concerns.

or you can offer to buy out the lease by paying a a few months extra rent.
 

polarmystery

Diamond Member
Aug 21, 2005
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Originally posted by: bobdole369
When it comes time, and nobody takes it - you'll be stuck.

If there is no termination clause (other than default) than another contract betwixt your landlord and you guys can amend it, saying xxx will pay yyy in consideration for dissolving a lease zzz.

Else its verbal and no good at all. The LL can have your ass for rent for the remainder of the contract. Even if he agrees to let someone take over, even if someone else takes over, then 2 months later moves out.

Does that mean he has to agree to sign another contract first? If he doesn't want to do that, then I guess I'm stuck. He did say I could sublet it however.

 

polarmystery

Diamond Member
Aug 21, 2005
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Originally posted by: puffff
if the rodent problems are bad enough, you may have a legal course to break the lease citing health concerns.

or you can offer to buy out the lease by paying a a few months extra rent.

How does that work?

edit: n/m
 

BurnItDwn

Lifer
Oct 10, 1999
26,353
1,862
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You're pretty much gonna be stuck payin money weather you stick around or move out ....

As far as the hot/stuffy problem .... it should cool down soon since fall and winter are coming, otherwise, assuming you don't have AC, buy another fan, or maybe just buy yourself a window AC unit ....

Document and complain every time you see any signs of any rodent issue ... The landlord should take care of them ASAP, and if you feel the rodents are a risk to saftey/health, then that is a legitimate reason to break a lease.


One other mention, these issues are really your own fault .... and won't help you get out of the lease at all ....
The neighborhood shadiness, if the real reason you want to move is because you live in a crappy part of town, then that sucks, but you signed a contract, so stick to it.

If the main problem is really the size of the room, well, didn't you measure it before you moved in? Or did you at least look at the square footage? You should have known to make damn sure that the room would suit your needs before you signed the contract.

My advice: Make it livable and live it out, or if it's really so horrible, then try to get out of the lease based upon the rodent problems.

You will almost certainly need a lawyer for this.
 

Miramonti

Lifer
Aug 26, 2000
28,653
100
106
Originally posted by: puffff
if the rodent problems are bad enough, you may have a legal course to break the lease citing health concerns.

Yep. Nothing obligates you to live with rodent problems. As long as you're complaining to the landlord and they aren't rectifying the problems. Document in writing or email etc.
 

Taughnter

Member
Jun 12, 2005
165
0
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Originally posted by: polarmystery
Hello all,

I took a gamble when I moved to Maryland moving into a house with cheap rent, but I made a mistake. The room is too small for me, the room gets too hot/stuffy preventing me from sleep, we've had rodent problems, and the neighboorhood is very shady. I was glancing over my lease contract and it is a standard lease contract, but there is no termination clause. This is what it says:

"Term - Lessor leases to Lessee and Lessee leases from Lessor the above described Premises together with any and all appurtenances thereto, for a term of 1 year, such term beginning on June 1st, 2009 and ending at 12'oclock midnight May 31st 2010."

The only stipulation I can find is a Default clause, Abandonment, and binding effect. I already gave my room mate the notice that I want to leave (I want to vacate at the end of October so it's longer than 30 days notice). I don't see anywhere that says I have to pay any money if I decide to leave early even though the length of the contract is for 1 year. Is there anything I can do? I talked to him and he said I could have someone take over but when it comes time and nobody takes it, I don't want to be stuck.

The simple answer is, you can't get out of the lease.

First off, a standard lease generally does NOT have an early termination clause. That's normal. The basic idea is that you signed the lease so that you have a place to live for a year and the landlord has a tenant for a year.

Second, of course the lease doesn't say anything about paying to leave early. Whether you leave or not, you're responsible for the rent (unless and until a new tenant is found to replace you). There's not going to be any extra penalty, though, because common sense dictates that if there were, you'd just say you were still there and continue to pay the normal rent rather than paying anything extra.

Bottom line: Without some other reason to get out of the lease, you're going to be stuck until you (or the landlord) finds a replacement. I'm not even going to touch the rodent issue because a lot more info is required to figure that one out (how long has it gone on? Did you talk to the landlord about it? etc..) and you'd probably need to talk to someone local (i.e. attorney or possibly code enforcement). Of course, that doesn't mean its not a way to get out.
 

olds

Elite Member
Mar 3, 2000
50,124
779
126
I took a gamble when I moved to Maryland moving into a house with cheap rent, but I made a mistake. The room is too small for me, the room gets too hot/stuffy preventing me from sleep, we've had rodent problems, and the neighboorhood is very shady...

1. You lose
2. You saw the room before you signed the lease
3. Get a fan
4. Get some traps
5. You drove through the neighborhood to get to the house to see the room
 

TridenT

Lifer
Sep 4, 2006
16,800
45
91
Originally posted by: oldsmoboat
I took a gamble when I moved to Maryland moving into a house with cheap rent, but I made a mistake. The room is too small for me, the room gets too hot/stuffy preventing me from sleep, we've had rodent problems, and the neighboorhood is very shady...

1. You lose
2. You saw the room before you signed the lease
3. Get a fan I would get a AC unit you could put in the window.
4. Get some traps KEEL IT WIT FIARR!!!
5. You drove through the neighborhood to get to the house to see the room

Srsly OP... You screwed yourself.
 

polarmystery

Diamond Member
Aug 21, 2005
3,888
8
81
Originally posted by: TridenT
Originally posted by: oldsmoboat
I took a gamble when I moved to Maryland moving into a house with cheap rent, but I made a mistake. The room is too small for me, the room gets too hot/stuffy preventing me from sleep, we've had rodent problems, and the neighboorhood is very shady...

1. You lose
2. You saw the room before you signed the lease
3. Get a fan I would get a AC unit you could put in the window.
4. Get some traps KEEL IT WIT FIARR!!!
5. You drove through the neighborhood to get to the house to see the room

Srsly OP... You screwed yourself.

Yeah I pretty much already figured it out. It's just a bad decision I'm going to have to live with. Live and learn I guess.
 
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