Breaking a lease on an apartment?
Post Reply
 
Thread Rating:
  • 0 Votes - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
10-09-2015, 06:01 PM
RE: Breaking a lease on an apartment?
(10-09-2015 04:23 PM)jerseygirlar Wrote:  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

If they get their money, and you comply with the wording of the contract, there is no reason to think that they'll ding your credit report. All they want is their money, so if you give it to them then you'll be fine. I'd recommend checking, and double checking and getting something formal and in writing from the company confirming this.
Find all posts by this user
Like Post Quote this message in a reply
10-09-2015, 08:19 PM
RE: Breaking a lease on an apartment?
(10-09-2015 04:23 PM)jerseygirlar Wrote:  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

I'm not a lawyer, but I do know a fair amount about leasing in my community (laws and rules can vary depending on where you live).

You're not legally "breaking a lease" if you have by contract the ability to voluntarily terminate and pay two months rent to end the lease early. This is much more lenient than most any other lease I've seen, short of a month-to-month lease.

In order to not have to pay those termination costs, you would have to make a case that the lease was "involuntarily" terminated by the landlord (that they are in breach of the agreement, and any provision that gives the landlord the ability to cure the breach has not been followed).

That said, I highly doubt that your lease contains language that requires the landlord to control the behavior of another tenant. At most, it would require them to respond to community rules violations when you make them aware of those violations. But the actions of others is not entirely within their control, and their lease probably has exceptions to liability for acts of others outside their control.

Also, the police is always good option if the neighbors are being that disruptive. Your landlord may find it difficult to evict over noise from this disruptive tenant. In my community, it can be nearly impossible to get a judge to agree to eviction based solely on neighbor complaints. A police report goes a long way toward giving your landlord something actionable. Right now it is just your word against the tenants--your landlord may very well have done their due diligence and told the unit that they received noise complaints and they need to not cause that disruption, and your neighbors may very well have decided to promptly ignore that admonition.

Lastly, many states and jurisdictions have tenant resource centers or other similar type of organization designed to help people learn their rights when they have problems with their lease. You should seek out such an organization in your area.
Find all posts by this user
Like Post Quote this message in a reply
[+] 1 user Likes BryanS's post
Post Reply
Forum Jump: