Unfortunately most leases never have an early termination option, leaving early means leasee is responsible for remaining money due through lease end date. You can find a way out if you can prove leaser broke contract first I do believe. I would seek counsel to find options not take our advice though.

 

Have a lawyer look at contract explain what she hasn't done that might be your out.

 

Move out and leave the ex-boyfriend holding the bag! Just kidding, I believe an attorney is in order.

 

Honestly, you are on the hook to a degree. Now, if you do move, she has a duty to cut her losses. She can't ask for double the current rent, or not market it. You could even market it and if you have someone fill the gap, she doesn't have a claim.

Contracts are about loss. Even if you break a contract, the other party has to lose something to have "damages". Do whatever you can to minimize damages and get a new renter to fill the gap. Now the new renters will have to pass/ deposit whatever you had to go through and keep her informed. The main take away... Keep communication open, cut her losses, and don't leave a forwarding address!!! Haha

 

Get an email today, says that we are responsible for rent until either A) The home is sold (she has it on the market), or B) 7/2015.

was she going to break your lease when your house was sold ?
to me the house would be easier to sell without renters.
offer to pay 2 extra months rent after you move if its not sold or rented .
then it may not cost you much if you paid security and last months rent when you moved in.

 

Honestly, if it is a privater owner, you are probably very unlikely to see any problems from her if you simply hand her the keys and leave. It costs money to take you to court and time, and if she does, the only thing she can go after is the money difference from the time you leave until she rents it out again. She cant let it sit empty in order to screw you, she has to make reasonable attempts to re-rent it. Now she can simply put up an add and then not rent it out, but if she does, she loses money the whole time it is empty. You would be very kind to offer her 2 months rent as a consideration for voiding the remainder of the lease and she would be stupid not to take it.

BTW, how much is the monthly rent?

 

I'd contact an attorney, provide them with the lease and any written proof that the landlord has not fulfilled her obligations. See if they can get you off the hook.

If all else fails, start collecting cats and stop paying rent. I bet she will let you leave shortly after.

 

Honestly, if it is a privater owner, you are probably very unlikely to see any problems from her if you simply hand her the keys and leave. It costs money to take you to court and time, and if she does, the only thing she can go after is the money difference from the time you leave until she rents it out again. She cant let it sit empty in order to screw you, she has to make reasonable attempts to re-rent it. Now she can simply put up an add and then not rent it out, but if she does, she loses money the whole time it is empty. You would be very kind to offer her 2 months rent as a consideration for voiding the remainder of the lease and she would be stupid not to take it.

BTW, how much is the monthly rent?

$1150

 

She basically has no realistic recourse if you terminate, other than keeping your deposit.
She is trying to bluff you into agreeing to pay the rent till the end of the term, DO NOT AGREE TO PAY ANYTHING.
If she sues you, she'll have to prove to the judge that she made an honest effort to lease it out.
And then you get to make her look like a greed old bag, because you moved because of a job, not because you were moving 2 miles down the road.

If you know an attorney, get a free consult about it. But I imagine they are going to tell you it's not going to be worth her time to sue you, as she'll probably have to hire an attorney...

 

I think here is my biggest problem...she cant afford the mortgage without us. She's a 27yr old moron (we didnt know she was a moron when we signed the lease), that has been nothing but trouble since day one.

Since she cant afford the house without us, I'm sure she will go farther to get us to pay. Hell last month she asked us to pay early b/c she bounced a mortgage check.

 

I think here is my biggest problem...she cant afford the mortgage without us. She's a 27yr old moron (we didnt know she was a moron when we signed the lease), that has been nothing but trouble since day one.

Since she cant afford the house without us, I'm sure she will go farther to get us to pay. Hell last month she asked us to pay early b/c she bounced a mortgage check.

I would've asked for a discount on next months rent due to early payment or no dice.

Consult a lawyer and see if you can get a breach of contract due to unfulfilled terms.

It's not your fault she can't afford the place without you as a renter.

 

I think here is my biggest problem...she cant afford the mortgage without us. She's a 27yr old moron (we didnt know she was a moron when we signed the lease), that has been nothing but trouble since day one.

Since she cant afford the house without us, I'm sure she will go farther to get us to pay. Hell last month she asked us to pay early b/c she bounced a mortgage check.

She would have to pay the lawyer upfront a couple grand to take the case. If she can't make the note payment, she can't pay the lawyer.

My other question would be, why would you sign a 3 year lease without some option to terminate on a 30/60/90 day notice?

 

She would have to pay the lawyer upfront a couple grand to take the case. If she can't make the note payment, she can't pay the lawyer.

My other question would be, why would you sign a 3 year lease without some option to terminate on a 30/60/90 day notice?

We loved the location, and didnt think we would need to move.

 

Five friends on CSC have suggested consulting a lawyer. That is some good advice.

 

Certainly a simple lawyer consultation is in order, but aside from that I think captcave is on the right track. If she is trying to avoid bouncing mortgage checks, she is not likely to be in a position to hire a lawyer.

 

I was in this situation earlier this year.

Yall are relocating becuase of her job, tell your landlord to get bent. Courts are not a big fan of leases and yall are having to relocate becuase of a job this has very little chance of holding in court but consult a lawyer 1st.

Try to cut a deal for a month or so, is my advice.

 

I think here is my biggest problem...she cant afford the mortgage without us. She's a 27yr old moron (we didnt know she was a moron when we signed the lease), that has been nothing but trouble since day one.

Since she cant afford the house without us, I'm sure she will go farther to get us to pay. Hell last month she asked us to pay early b/c she bounced a mortgage check.

Oh perfect, that is a major win for you... Offer her 30 or 60 days extra rent and be done with it.

Me personally, I would not offer her anything, but then I can be a prick about these things. My last rental house was owned by an alcoholic that was living in a half way house and he was basically broke, the mortgage was only being paid because we lived there. I moved out and mailed him the keys, never heard from him again. The house was foreclosed on within 90 days of us leaving and has since been renovated and resold.

Here is the thing, if she is unable to afford the mortgage, she has no real way to go after you for the lease. Plus she is already apparently facing financial troubles over the mortgage amount, so in order to mitigate those troubles, she will have to find a new tenant very quickly. If she does that, you would only be liable for the amount owed for the time it was vacant anyways. It is too large of an amount for small claims court so it has to go to a big boy court and that means legal fees, which she cant afford.

 

In a lease currently. Been so since 7/2012. Signed a 3yr lease to terminate 7/2015. Wife got a new job, have to re-locate to Roanoke VA by Jan 1 2014. Called the landlord on 11/1, gave her 60 days notice of termination. She seems fine. Get an email today, says that we are responsible for rent until either A) The home is sold (she has it on the market), or B) 7/2015.

Now, obviously she has given us no option to terminate the lease early, or anything of the sort. She's selling the home, so now she can market it without having to disclose that. She obviously wants to keep the home leased with us, while she can sell it without having to disclose that it's leased.

Now, with all that, everything I can find in the lease supports what she says. What I can also find is where she is in breach of contract several times for these reasons;

Lease says landlord will provide pest control, we have it in writing that she wont.

Lease says all appliances will work properly. Icemaker and hot-tub is not functioning, we have this in writing as well.

Her ex-boyfriend (she now has restraining order) is on the lease.

Shown the home (for sale) within the last 30 days of the rental term.

We had to clean the home from the last tenants, when the lease shows that it is her responsibility.

Question is, what do we do now? Do we point these things out to her, and offer to help her re-lease the home. Do we try and hire an attorney and take her to court? Do we even have an option? We obviously cant afford both rent and a mortgage, and dont feel that its fair we have not even been given an option to terminate the lease early.

I can say many things about the issues you brought up but I won't.

I will say, you are facing a tremendous problem here. My advice is get an attorney to intelligently discuss your legal options and then follow his/her advice.

 

Oh one thing I noticed, your notice to terminate the lease was verbal... You should have done that or do that in writing and with an offer to pay out 30 or 60 days of the lease.

 

The way I see it:

You signed a 3 year lease contract with no cancellation option and you signed it on purpose. End of story.

 

I sent her a follow up email after our call to get it in writing.

 

Another rule of thumb..... it's generally not a good idea to sign a rental lease for more than 1 year... Most landlords are willing to let you rent month to month afterwards, just so you've been a good tenant. IE take care of their propety, don't cause any problems, and pay your rent on time.

 

As a former landlord, I'd love to say that you're screwed. But in reality you could probably walk away with zero consequences. Whether you're OK breaching a contract is up to you.

 

She does have recourse with reporting your cancellation to the credit bureau. Negotiate something, anything, but if you just walk away you'll regret it later....

 

She does have recourse with reporting your cancellation to the credit bureau. Negotiate something, anything, but if you just walk away you'll regret it later....

Doing that requires that she pay to become a member of one or more bureaus, I am guessing at her age and financial status, she 1) does not know this and 2) cant afford it.