Jan
07
How can I break my lease and still get my deposit back?
By
I’m now living in an aptment and want to get a house with my sister and I’ve been living in my apt. for 7 months now and my lease is not over until November 2008 because I took over someone elses lease that was moving to another state for school. I want my deposit back but dont know what to tell the Property manager. Any suggestions? Please.
What if i know someone who is willing to take over my lease..
Passive Income
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8 Comments
March 4th, 2009 at 12:07 pm
You are obligated to make your lease payments as agreed unless the landlord wants to let you go. If he can rent the property out for more than you are paying, he might bite but doesn’t have to.
March 6th, 2009 at 10:50 am
sublease should get your deposit back
March 9th, 2009 at 9:47 pm
If you signed a one year lease, you probably won’t get it back if you leave early. What does your lease say?
March 10th, 2009 at 5:26 am
you need to go to the office and ask them to let you out of the lease usually that requires a full monthly payment for the month you leave, so you will be paying for not living there but you get out of your lease, however they may not give you the security back due to letting you go early you have to decide what it is worth to you , i got out of a lease early 1 times paid 1/2 a months rent then found out they screwed my credit report up saying i owed them for the rest, didnt get it in writing make sure you get anything in righting!!
i ended up paying them what they said i owed due to trying to buy a house and you cant have any debt when buying a house,to this day they have not removed it from my credit report but i have the paper stating i paid it so creditors overlook it now
March 10th, 2009 at 2:19 pm
This is an erroneous statement
“you cant have any debt when buying a house”
March 13th, 2009 at 9:41 pm
You didn’t read your lease agreement, especially the fine print. More than likely you can’t break the lease and get your deposit back. Maybe it states on the lease that you can sub-lease it.
March 16th, 2009 at 11:45 am
Re-read your rental agreement, especially what it says about subleasing. If it doesn’t say anything - talk to your landlord. It is pretty much up to him to decide what does he want more: your security deposit + headache of finding a new tenant or a new tenant that you say is ready to take over your lease. All he wants is money, as much as he can legally get.
His decision greatly depends on what kind of area do you live in. If apartments are pleniful then he’d be happy to get a tenant. If apartments are hard to find and a lot of people want them - then he’ll happily grab your deposit and find a new tenant the same day you move out.
March 19th, 2009 at 8:17 am
Since you took over someone else’s lease, the landlord has a history of at least working with tenants that want to leave.
Legally, the lease is binding and the landlord can hold you liable for the rent until either a replacement tenant is found or your lease expires. The landlord likely has a duty to mitigate his damages by attempting to find a replacement tenant. The landlord can hold you liable for any costs that he may incur due to your breach, such as advertising costs, agent fees, etc. The landlord would have no obligation to return your security deposit unless all costs incurred and all rent due is paid in full.
If you are considering subletting the apartment, be careful, as you remain liable for the rent and damages if your subtenant does not pay. You would be responsible to evict the subtenant if rent is not paid or the lease is breached. You would not get the security deposit back until your subtenant moves out in a sublet situation.
If you know someone who is willing to take over the lease, by all means, present this person to the landlord. Understand that the landlord has the right to reject the person you present if they do not qualify or meet the landlord’s criteria.
Another option is to buy out your lease. This will cost you money but it is a set amount with no further liability.
Whatever you and the landlord agree to, get it in writing to protect yourself from future claims or collections.