Breaking a lease?

Scandia · #1 07-10-2006, 08:59 AM

I have just found a condo I really like. My family is coming this Saturday to see it. And if it passes their inspection, I may put a contract on it. It will be the first property I purchase.

However, if that is the case, I would have to break the lease on my apartment. I renewed it for a year back in June. So I would break it in August- having lived in it just 2 months of the lease. I did not know how long it would take me to find the right condo. I had looked at 5 complexes before this one since I renewed my lease. The month by month option was over $100 more expensive per month.

Has anyone here broken a lease before? Will it go on my record of any kind? Will I really have to pay thousands of dollars? My brother left 2 months before his lease was up- but he just paid the rent because it was cheaper that way. However, there is a difference between 2 months of rent and 9 months of rent.

Subleasing is not an option at all- I don't know anyone who wants it, and it's not allowed by my complex.

Any advice regarding this?

kddani · #2 07-10-2006, 09:07 AM

First thing to do is read your lease and see what it says.

f8nacn · #3 07-10-2006, 09:07 AM

You may not want to break your lease...try subleasing it...that way it doesn't cause an effect on your credit record or rental history.

AlphaFrog · #4 07-10-2006, 09:07 AM

Paging AXiD670, where are you D??

She just went through this recently. Check her thread at the bottom of the page for general advice.

Scandia · #5 07-10-2006, 09:35 AM

I'll get a copy of my lease and read it. I fear the worst- having to pay rent till they find someone else.

Subleasing is not an option at all. Not only do I not know anyone who could be interested. It is not allowed under any circumstances in the lease. That much I do remember.

EDIT

Found a copy of the old lease of when I first moved- dunno how much it has changed. It says it can be terminated after 6 months of living here. I have lived here for over 3 years now, so I do not know if that affects this. It says it has to be accompanied by one month rent as well as prepayment of the rent ofr the 50 day notice period. There is a bunch of other stuff...but if it is just 3 months rent, that I can deal with. It also mentions something about concessions- not sure if that means the discounts, or if I rented any other things they may have (I haven't).

I will check with them next Saturday if I do put a contract. Wish me luck.

SydneyK · #6 07-10-2006, 11:03 AM

I would look into this before you draw up a contract on the condo you're interested in purchasing. If your current lease requires you to pay for another three months, perhaps you can indicate that your purchase will not close until your last month (well, in this case, your third month) at your current place. That way, you'll have time to move and you won't be paying two separate home payments.

valkyrie · #7 07-10-2006, 12:06 PM

I didn't know there were states where landlords could prohibit subleasing entirely -- the fact that it's in a lease doesn't mean it's enforceable. You might want to do a search for organizations that provide information on landlord/tenant law; such organizations often provide information that might be helpful to tenants.

For what it's worth, the Florida landlord/tenant statute is here. I'd probably read it and then decide what to do. It looks like under this provision, you could be on the hook for all of the rent due for the remainder of your lease. Of course this is not legal advice, blah blah blah.

shinerbock · #8 07-10-2006, 01:10 PM

Just do what Valk said, and then sue if something goes wrong. Its the American way.

ZTAngel · #9 07-10-2006, 01:29 PM

Quote:

Originally Posted by Scandia

Found a copy of the old lease of when I first moved- dunno how much it has changed. It says it can be terminated after 6 months of living here. I have lived here for over 3 years now, so I do not know if that affects this. It says it has to be accompanied by one month rent as well as prepayment of the rent ofr the 50 day notice period. There is a bunch of other stuff...but if it is just 3 months rent, that I can deal with. It also mentions something about concessions- not sure if that means the discounts, or if I rented any other things they may have (I haven't).

Did you sign a renewal lease? I'm guessing that you didn't sign a 3-year lease. The problem is that each renewal lease will probably be treated as a brand new lease. Although you have lived in your apartment for 3 years, you have been under your new lease for 3 months so the whole breaking the lease thing after 6 months of being in your apartment might not apply. Talk to your apartment complex. If they're nice, they might be willing to work with you.

Tom Earp · #10 07-10-2006, 04:56 PM

Quote:

Originally Posted by ZTAngel

Did you sign a renewal lease? I'm guessing that you didn't sign a 3-year lease. The problem is that each renewal lease will probably be treated as a brand new lease. Although you have lived in your apartment for 3 years, you have been under your new lease for 3 months so the whole breaking the lease thing after 6 months of being in your apartment might not apply. Talk to your apartment complex. If they're nice, they might be willing to work with you.

What She said.

If the complex is easy to rent and You have been good tenents they may give you a break.

If not, there will or maybe an escape clause that You will have to pay XX amount to get out of it!

Be nice to local Mgt.

macallan25 · #11 07-10-2006, 05:12 PM

Subleasing is not allowed at alot of places down here, but everyone does it. I would think it would be pretty hard to catch someone subleasing an apartment, as I have had a significant amount of friends that have done it. I broke one of my leases though so that I could move into a house and it was a 975$ charge including that month's rent, so it came out to around 1600$

bluefish81 · #12 07-10-2006, 07:23 PM

Quote:

Originally Posted by Scandia

It also mentions something about concessions- not sure if that means the discounts, or if I rented any other things they may have (I haven't).

Concessions are deals you get from the apartment complex when you sign your lease like - one month of free rent with a 12 month lease. So if when you resigned your lease, you got half a month of free rent, you'll have to pay that back in addition to everything else.

jubilance1922 · #13 07-10-2006, 08:07 PM

I"m in this situation right now. I got a great job and I have to move to Orlando in August, but my lease isn't up until September. Luckily the penalty for breaking my lease is only a month's rent, so I decided to just pay it without breaking my lease, since I would have to fork it over either way.

_Lisa_ · #14 07-11-2006, 08:43 AM

I recently broke my lease after living there for 6 months. The deal was that I had to pay 2 months rent to get out of the lease & they even let me put it on a payment plan & break it up over several months.

Munchkin03 · #15 07-11-2006, 10:17 AM

I've never had a problem breaking a lease, and I've always gotten my security deposit back.