Breaking a lease on an apartment?
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10-09-2015, 04:51 AM
RE: Breaking a lease on an apartment?
Who did you complain to? The neighbors? The landlord? The police?
Aren't there laws against people being excessively loud at night?
With you being concerned about possible illegal activities, did you call the police?

Did you ask other tenants if they liked it there before you moved in? They might've told you it was really noisy at night, and then you wouldn't have this problem now.

I don't really like going outside.
It's too damn "peopley" out there....
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10-09-2015, 09:05 AM
RE: Breaking a lease on an apartment?
You can also check Yelp for apartment reviews. There is also a site called Apartmentratings.com if looking for apartments in the future.

"Let the waters settle and you will see the moon and stars mirrored in your own being." -Rumi
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10-09-2015, 09:24 AM
RE: Breaking a lease on an apartment?
How is it possible that you can't give one or two months notice and move out? Surely your contract doesn't lock you in to that degree? Otherwise Merkins are just uncivilised...

We'll love you just the way you are
If you're perfect -- Alanis Morissette
(06-02-2014 03:47 PM)Momsurroundedbyboys Wrote:  And I'm giving myself a conclusion again from all the facepalming.
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10-09-2015, 09:59 AM (This post was last modified: 10-09-2015 10:02 AM by Aliza.)
RE: Breaking a lease on an apartment?
(10-09-2015 09:24 AM)morondog Wrote:  How is it possible that you can't give one or two months notice and move out? Surely your contract doesn't lock you in to that degree? Otherwise Merkins are just uncivilised...

If she moves out, the apartment company will attempt to rent the unit as quickly as possible. She signed a contract agreeing to pay 12 months worth of rent, so she's technically on the hook for the rent money until the apartment is rented again. There are contracts that may cost the renter more money per month but are for 6 months, or 2 months, or even month to month. Legally, she's on the hook for all 12 months, but in most cases, the apartment is rented out to a new tenant within a few weeks.

Jerseygirlar, give it a month. I'll bet you settle into your new home just fine, and if you don't, you can always move out then. Smile
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10-09-2015, 10:03 AM
RE: Breaking a lease on an apartment?
(10-09-2015 09:24 AM)morondog Wrote:  ... Surely your contract doesn't lock you in to that degree? Otherwise Merkins are just uncivilised ...

Leases ARE civilisation. They remove market volatility for a period of time that could adversely affect BOTH buyer and seller. A landlord able to secure a one year lease knows that for that year he/she is freed from having to hustle for a tenant, and can devote energies to other matters, like building upkeep. He/she can also make fiscal PLANS across a year's time that wouldn't be possible without a lease. Likewise the tenant is freed from having to allow for unexpected rent increases during the year, and like the landlord can make fiscal plans.

All leases have provisions for dissolution, but absent some recompense for doing so there'd be no point to setting up the lease in the first place.

It's not a perfect analogy, but imagine if you got tired of your car after a few months and could just drop it off at the dealer's with a note that you'd no longer make any payments on it. Pretty sweet deal for you, but a nightmare for dealers. A lease "civilises" the market so that BOTH buyer and seller can sleep at night.
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10-09-2015, 10:57 AM
RE: Breaking a lease on an apartment?
Just so you all know. There is a clause in my lease that only requires me to pay two months rent to get out of it. I'm not on the hook for all 12 months.
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10-09-2015, 01:58 PM
RE: Breaking a lease on an apartment?
(10-09-2015 10:03 AM)Airportkid Wrote:  
(10-09-2015 09:24 AM)morondog Wrote:  ... Surely your contract doesn't lock you in to that degree? Otherwise Merkins are just uncivilised ...

Leases ARE civilisation. They remove market volatility for a period of time that could adversely affect BOTH buyer and seller. A landlord able to secure a one year lease knows that for that year he/she is freed from having to hustle for a tenant, and can devote energies to other matters, like building upkeep. He/she can also make fiscal PLANS across a year's time that wouldn't be possible without a lease. Likewise the tenant is freed from having to allow for unexpected rent increases during the year, and like the landlord can make fiscal plans.

All leases have provisions for dissolution, but absent some recompense for doing so there'd be no point to setting up the lease in the first place.

It's not a perfect analogy, but imagine if you got tired of your car after a few months and could just drop it off at the dealer's with a note that you'd no longer make any payments on it. Pretty sweet deal for you, but a nightmare for dealers. A lease "civilises" the market so that BOTH buyer and seller can sleep at night.

All the rental contracts I've ever signed here say that I can give notice of two months before I decide to move out, and I can move out sooner if I find a person to take over paying the rent before then. Undecided Sounds like the sharks have more teeth your side of the pond.

We'll love you just the way you are
If you're perfect -- Alanis Morissette
(06-02-2014 03:47 PM)Momsurroundedbyboys Wrote:  And I'm giving myself a conclusion again from all the facepalming.
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10-09-2015, 03:02 PM
RE: Breaking a lease on an apartment?
I've been in a similar situation a long time ago. I consulted a lawyer. I'm not a lawyer so confirm anything I say with a lawyer.

The big down side to breaking the lease is a possible hit on you credit report which may make it difficult to buy a house.

If you inform your landlord that you are breaking the lease and moving out then from that point on he must take steps to reduce his losses. He must seek a replacement tenant and that search must be undertaken in good faith. He cannot advertise the apartment at double the rent and claim he has acted in good faith.

Do not expect to get back any money you have already given the landlord.

There are legal requirements that may invalidate the lease. These vary from state to state. The lease is invalid if any illegal activity is taking place on the property. Are the noisy neighbors smoking pot? Cooking meth? Does their noise violate city ordinances on quiet hours? (Ask the cops.) Do you have an insect or rodent infestation? Could the noise be due to prostitution? Are any zoning ordinances being violated? Is the property safe? Do you have heat? Does the lease promise air conditioning?

The law probably gives the landlord some time to fix problems. However, I would think that safety issues or criminal activity would be an immediate out since remaining puts you in danger.


I'm a landlord myself. In every case where a tenant has broken the lease I've let them go because in every case they could not pay the rent. Better to let them go and seek another tenant than to try to get blood out of a stone.

Sapere aude
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10-09-2015, 03:48 PM
RE: Breaking a lease on an apartment?
(10-09-2015 03:02 PM)f stop Wrote:  The big down side to breaking the lease is a possible hit on you credit report which may make it difficult to buy a house.

This needs looking into! Just because they will let you out of the lease doesn't mean they don't report you to the credit fuckers...

Save a life. Adopt a greyhound.

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10-09-2015, 04:23 PM
RE: Breaking a lease on an apartment?
It's written into my lease that voluntarily (which I guess you could consider this) leaving the apartment means that landlord is subject to a termination fee of two months rent (about $2000) so aside from that any cleaning fees associated with the place I don't see there being any other monies that they should request from me, especially because I'm giving them notice before I vacated. I'm leaving in the middle of December with all of my stuff removed and at that time I'll be giving them my termination fee. (I don't want to remain in the apartment after I've given them notice.)

(10-09-2015 03:02 PM)f stop Wrote:  I
The big down side to breaking the lease is a possible hit on you credit report which may make it difficult to buy a house.
I
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