What am I on the hook for if I break my lease early?
November 8, 2013 3:28 PM Subscribe
YANML. I am in Vermont. I need to end my apartment lease early (ends 09/2014) because I cannot afford rent. Is this a reasonable request, and how do I go about asking my landlord?
I've lived in the apartment since January and was month-month until September, when I signes a year-long lease. I have always paid rent on time but last month's check bounced (I paid it as soon as I could, it was not late). I have been living paycheck to paycheck and putting whatever meager savings I accumulate towards paying down my student loan debt. I've decided that I just can't afford to keep living here. I plan on living with my parents for a few months until I get my bearings.
But - I have been renting for seven years and have never had to end a lease early. My lease says nothing about ending a lease early, just that I won't do it. Will I really have to pay until next september?
I found this page that says that in a Term Lease, the tenant must give the landlord one full rental payment period unless the lease states that the tenancy terminates at the end of the term." That is exactly what my lease says, so I'm wondering if it is even possible for me to do this.
I also am having trouble drafting an email to my landlord. I feel terrible for inconveniencing him and making him lose money. He is not the nicest guy either so I want to be polite. Thanks.
I've lived in the apartment since January and was month-month until September, when I signes a year-long lease. I have always paid rent on time but last month's check bounced (I paid it as soon as I could, it was not late). I have been living paycheck to paycheck and putting whatever meager savings I accumulate towards paying down my student loan debt. I've decided that I just can't afford to keep living here. I plan on living with my parents for a few months until I get my bearings.
But - I have been renting for seven years and have never had to end a lease early. My lease says nothing about ending a lease early, just that I won't do it. Will I really have to pay until next september?
I found this page that says that in a Term Lease, the tenant must give the landlord one full rental payment period unless the lease states that the tenancy terminates at the end of the term." That is exactly what my lease says, so I'm wondering if it is even possible for me to do this.
I also am having trouble drafting an email to my landlord. I feel terrible for inconveniencing him and making him lose money. He is not the nicest guy either so I want to be polite. Thanks.
The law in Vermont states that if a tenant terminates the lease early, the tenant MAY be responsible for paying rent till the expiry of the lease. But also, the landlord must make a good-faith effort to find a new tenant, and can collect money from you only until that person moves in. The law allows the owner to charge you to reimburse expenses incurred in finding a new tenant.
That's the law. But put yourself in the landlord's place: it's much better for him if you give a month's notice and move out, rather than just not paying and forcing him to evict you. Stop thinking about how it would be so much better if you had the money and didn't have to let him down at all; that's not an option now.
Contact your landlord right away -- every day that you wait makes the situation worse for both of you. Lead with the fact that you're in financial trouble, and point out that you had trouble getting the money together last time it was due. Trust me, he noticed and was concerned about it. Tell him that you will leave one month from the date of this notification...and if you can leave earlier, say that you're willing to leave sooner if it works out better for him. You can say that you feel bad about it and you're sorry, since it's true. If you're willing/able to help attract a new renter, say that as well.
posted by wryly at 3:57 PM on November 8, 2013 [2 favorites]
That's the law. But put yourself in the landlord's place: it's much better for him if you give a month's notice and move out, rather than just not paying and forcing him to evict you. Stop thinking about how it would be so much better if you had the money and didn't have to let him down at all; that's not an option now.
Contact your landlord right away -- every day that you wait makes the situation worse for both of you. Lead with the fact that you're in financial trouble, and point out that you had trouble getting the money together last time it was due. Trust me, he noticed and was concerned about it. Tell him that you will leave one month from the date of this notification...and if you can leave earlier, say that you're willing to leave sooner if it works out better for him. You can say that you feel bad about it and you're sorry, since it's true. If you're willing/able to help attract a new renter, say that as well.
posted by wryly at 3:57 PM on November 8, 2013 [2 favorites]
Start by asking him. Keep it simple. Something like:
Dear LANDLORD,
Over the past few months I've come under increasing financial stresses and can no longer afford to pay my monthly rent. As you know, last month I had such difficulty getting together the rent that my rent check bounced before I was able to pay it. I'm very sorry for the inconvenience. Would you be open to allowing me out of my lease? I would be very happy to show the unit and do my best to find you a replacement tenant who would have the means to pay you every month this month.
Thank you for your understanding
TENANT
If he says no, what about finding roommate(s)? Alternately, ask if you can have permission to sublet it (if your lease does not already have subletting allowed).
posted by arnicae at 6:40 PM on November 8, 2013 [1 favorite]
Dear LANDLORD,
Over the past few months I've come under increasing financial stresses and can no longer afford to pay my monthly rent. As you know, last month I had such difficulty getting together the rent that my rent check bounced before I was able to pay it. I'm very sorry for the inconvenience. Would you be open to allowing me out of my lease? I would be very happy to show the unit and do my best to find you a replacement tenant who would have the means to pay you every month this month.
Thank you for your understanding
TENANT
If he says no, what about finding roommate(s)? Alternately, ask if you can have permission to sublet it (if your lease does not already have subletting allowed).
posted by arnicae at 6:40 PM on November 8, 2013 [1 favorite]
I've gotten out of breaking a lease by lining up a new renter myself.
posted by elizeh at 12:05 PM on November 10, 2013
posted by elizeh at 12:05 PM on November 10, 2013
The worst case scenario for the landlord is you staying and not paying rent. Then they have to got through the time and expense of evicting you. The next worse is you leaving without notice and stopping paying. Then they have to chase you to sue you if they want to recoup more than your deposit. You might be reluctant to take these options because if the landlord does use you, it might be more of a hit to your credit/record etc than you're willing to take. But the landlord doesn't know your comfort level with that, doesn't know how well you could elude enforcement of the judgment even if he gets a judgment.
Best case scenario for the landlord is that you find another reliable tenant to replace you with no break in rent payment and he doesn't even need to paint.
If you think you could find someone to take over your apartment easily, then the landlord probably could too. If you think it would be really hard, then the landlord will probably be more reluctant to let you go mid lease.
The law is one thing but this is also a negotiation. IANYL. There is no reason to show your landlord all your cards, what you are willing and not willing to do. But there's also no reason to take an initially antagonistic approach. You may be able to make things work pretty well for both of you.
If you can speak with a local tenants rights organization you may feel on firmer ground.
One more thing. This is part of the landlord business. It sounds like you feel guilty about this. I get it, I would too. But just remember that it shouldn't be personal. You're not breaking an engagement, you're breaking a lease. It's part of the work a day world, happens all the time, and should be handled by the landlord in stride. If it isn't, if you have an unprofessional (maybe small time) landlord who throws a tantrum or tries to make you feel guilty, just remember that this was a business arrangement not a personal one.
posted by Salamandrous at 12:41 PM on November 10, 2013
Best case scenario for the landlord is that you find another reliable tenant to replace you with no break in rent payment and he doesn't even need to paint.
If you think you could find someone to take over your apartment easily, then the landlord probably could too. If you think it would be really hard, then the landlord will probably be more reluctant to let you go mid lease.
The law is one thing but this is also a negotiation. IANYL. There is no reason to show your landlord all your cards, what you are willing and not willing to do. But there's also no reason to take an initially antagonistic approach. You may be able to make things work pretty well for both of you.
If you can speak with a local tenants rights organization you may feel on firmer ground.
One more thing. This is part of the landlord business. It sounds like you feel guilty about this. I get it, I would too. But just remember that it shouldn't be personal. You're not breaking an engagement, you're breaking a lease. It's part of the work a day world, happens all the time, and should be handled by the landlord in stride. If it isn't, if you have an unprofessional (maybe small time) landlord who throws a tantrum or tries to make you feel guilty, just remember that this was a business arrangement not a personal one.
posted by Salamandrous at 12:41 PM on November 10, 2013
This thread is closed to new comments.
If you move out before the end of the term agreed upon by you and your landlord in your rental agreement, you can be held responsible for the amount of rent remaining in your rental term.
However, if you do break your lease, your landlord must make reasonable efforts to re-rent the property as quickly as possible. Once the property is re-rented, your responsibility for rent ends.
So, if they're legitimately unable to rent your place out between now and next September, you could be on the hook for that time, but they have to make reasonable efforts to re-rent the place, at which point you're no longer on the hook. How likely it is for him to legitimately not be able to rent your place depends a lot of the rental market in your area.
In these circumstances, a lot of people line up their own prospective renter to be either a subletter or assume the lease so that there's no question of the landlord finding someone.
posted by jacquilynne at 3:52 PM on November 8, 2013