How to Get Out of a Lease (Apartment)

[Antonia]

As many of you now know, my DS's wedding is off and he had leased an apartment. Just signed for it January 16th, so it has been less than 30 days. No one has ever spent one night there. On February 9th, I informed landlord that DS wanted out of lease and I explained circumstances of wedding that has been called off. Landlord said that we would have to pay the rent until it can be re-rented. She said that they would re-list it in the paper. I also placed "for rent" signs prominently in the windows of the apartment. Today I saw the ad in the paper and they have it listed for $475/month whereas DS's rent was only $400. I am sure - well, sort of - that this will make it harder to rent. Rent is due again by March 5th. Does anyone know of a way to get out of a lease? Thought maybe there was some loophole when it's been less than 30 days or something. Any ideas?

 

[CarolA]

Generally it is very hard to get out of a lease. Some states have a five day loophole, but you are well beyond that.

You might try subletting it yourself for $400, but be aware that your son will be responsible for any damage done by anyone who sublets.

 

[Antonia]

I just hope that someone rents it SOON! Hey, everybody, it's only 600 miles from Orlando!!!!!!! LOL

 

[Lewski709]

I'll chime in since I used to manage apartments. You are lucky they are listing the apartment, first of all. They don't have to do that. Second, subletting may not be allowed. Read the lease carefully. Is there a buy out? Generally, a month and a half's rent and forfeit of deposit will cancel the lease, or as the landlord stated......pay until someone else will take over the lease (new lease). Is this a community? How long was it vacant before your DS rented?

 

[Antonia]

Hey, thanks for your reply. It was only empty 2 months prior to DS leasing it. It is close to a college, so I'm hoping it will rent. I left the lights on and the blinds open so that it looks enticing at night. And have big "for rent" signs that I placed with landlord's phone number on them. Thanks God it's only $400. Could be a lot worse and really not all that much when compared to the years of counselig DS would have needed had he ended up married to former fiancee (and her mother). LOL Mainly hope it rents soon so that DS can use that money for just moving on with his life.

 

[Pop Daddy]

why dont you have a bunch of partys over there

 

[UncleKyle]

I'll bring a keg!

 

[Pin Wizard]

Only $400 a month???????????????? I didn't think there was such a thing any more.

 

[Manda1219]

Originally posted by Antonia
As many of you now know, my DS's wedding is off and he had leased an apartment. Just signed for it January 16th, so it has been less than 30 days. No one has ever spent one night there. On February 9th, I informed landlord that DS wanted out of lease and I explained circumstances of wedding that has been called off. Landlord said that we would have to pay the rent until it can be re-rented. She said that they would re-list it in the paper. I also placed "for rent" signs prominently in the windows of the apartment. Today I saw the ad in the paper and they have it listed for $475/month whereas DS's rent was only $400. I am sure - well, sort of - that this will make it harder to rent. Rent is due again by March 5th. Does anyone know of a way to get out of a lease? Thought maybe there was some loophole when it's been less than 30 days or something. Any ideas?

A$400/month?!?!?! I'll be there in 20 mins!!!! The apts. me and my boyfriend are looking at are closer to $1000/month!!!

 

[Antonia]

I notice you're from New York. So come on down. Actually here in South Carolina, you can get a nice apartment for around $400/month. This one has 2 BR's, 1.5 baths, a decent sized LR, a kitchen big enough for a round pedestal table with room to spare, a washer/dryer closet, big closets with lights in them in the BR's, a patio and it's on a nice residential street with a landscaped front yard and a huge backyard. All the rooms have nice light fixtures and the master BR even has a nice ceiling fan. It's only 1/2 block to the library and a couple of blocks to an ice cream shop, etc. If I didn't have a home, I wouldn't mind living there myself.

 

[Lewski709]

Even at 475/mo, it should go within two months which isn't as bad as paying for the entire year on the place. You and the landlord seem to be working together well by them placing the ads and you posting.

 

[castlegazer]

When I was younger I had signed a lease and then changed my mind about the financial situation I was in at the time. I had not moved into the apartment and it was less than thirty days. While I had no true legal ability to do so I had my attorney send a letter to the Landlord stating that I would foreit my deposit, pay one month's rent and that would be the last of it - yadayadayada in legal language. The Landlord was to sign the letter and return it to my attorney as a release statement to ensure that there was no lingering legal issues. The Landlord was to contact only my attorney if they had any issue with the arrangement. They did not, signed the letter, and I was done with it.

 

[Lewski709]

When I was younger I had signed a lease and then changed my mind about the financial situation I was in at the time. I had not moved into the apartment and it was less than thirty days. While I had no true legal ability to do so I had my attorney send a letter to the Landlord stating that I would foreit my deposit, pay one month's rent and that would be the last of it - yadayadayada in legal language. The Landlord was to sign the letter and return it to my attorney as a release statement to ensure that there was no lingering legal issues. The Landlord was to contact only my attorney if they had any issue with the arrangement. They did not, signed the letter, and I was done with it.

You got lucky. Nicely done, but it would not have worked at any of the properties I worked at.

 

[castlegazer]

Yup - it was a lot of hocus pocus from my attorney and it wasn't an aprtment complex with a sophisticated owership or management company. Please note that I did state that I had no legal ability to do so. There is no magic "its been less than 30 days clause". There is a magic, "I'm going to be a real pain in the tooshy clause" though that may work to induce some cooperation from a Landlord. A large apartment complex with a management company is not easily scared by frivolous legal maneuvers.

 

[missypie]

My advice is to try to work out a deal with the LL/management company but keep paying...what you DON'T want is to have it turned over to a collection agency that works on a commission...they just don't give up! Over the past year I've been representing an Army captain (pro bono) who was transfered, so he had to get out of his lease. As the property is near a military base, the lease had a clause that lets military folks get out of it if transferred...but they are still trying to get about 4 months rent out of him...the reason why changes every time they call...first, that he didn't have a right to terminate, then that he didn't use their form to give them notice of termination...their story is never the same...I THINK they've given up now, but in the past, just when we think they've forgotten about him, he'll get another letter.

 

[Lewski709]

Yup - it was a lot of hocus pocus from my attorney and it wasn't an aprtment complex with a sophisticated owership or management company. Please note that I did state that I had no legal ability to do so. There is no magic "its been less than 30 days clause". There is a magic, "I'm going to be a real pain in the tooshy clause" though that may work to induce some cooperation from a Landlord. A large apartment complex with a management company is not easily scared by frivolous legal maneuvers.

Agreed. If you have a friend who is an attorney, this is worth a try. I wouldn't pay for someone to try it though.

 

[Manda1219]

Originally posted by Antonia
I notice you're from New York. So come on down. Actually here in South Carolina, you can get a nice apartment for around $400/month. This one has 2 BR's, 1.5 baths, a decent sized LR, a kitchen big enough for a round pedestal table with room to spare, a washer/dryer closet, big closets with lights in them in the BR's, a patio and it's on a nice residential street with a landscaped front yard and a huge backyard. All the rooms have nice light fixtures and the master BR even has a nice ceiling fan. It's only 1/2 block to the library and a couple of blocks to an ice cream shop, etc. If I didn't have a home, I wouldn't mind living there myself.

I've been trying to convince my boyfriend to move south for the past year and a half, its a tough battle, he has his heart set on NYPD!