Getting released from apartment rental lease?
July 5, 2016 5:38 AM Subscribe
Snowflakes: requested landlord rerent 3 months before lease to begin, due to family issues meaning I can't afford the place, landlord not making effort to rerent
I signed a rental lease in Indiana 5 months before the lease would begin; 2 months later (3 months before the lease would start) I had a family crisis that made it unclear I would be able to afford that rent or even still be in town then, so I asked the landlord how we could work together to get me released from the lease.
I signed a form stating that landlord would make the place available again, release me from my lease if someone else rented to place, and I would be on the hook until they found a replacement renter. (Since the lease hasn't started yet, we would just be canceling my lease, not subleasing.)
Since that point, I've gotten a couple automated messages that the place was being shown. I cannot find anywhere online that the landlord has advertised the rental as available again, including the landlord's official website (where the place is still listed as rented through the end of my lease instead of as available) and the other places I originally saw the rental advertized when I was originally looking for an apartment. I did see the building is up for sale online, which might mean they're not very interested in spending effort finding a renter? (Landlord manages building for an owner, which might complicate their deciding to let me off the hook.) Emails I sent expressing concern about this failure to advertize were not returned.
They have my security deposit and their keeping it as the first month's rent after the lease begins is fair. I am not planning to move-in or ever occupy the rental. I know I won't have enough money to pay the rent after the security deposit goes to the 1st month. The start of the lease is 1 month away now (they've had 2 months to change the listing on their website and have not done so). I've started listing the place online on my own, since they're not doing it, and I've used Internet Archive to capture the fact that they're not advertizing the place on the landlord's website.
YANML and YANAL, but could you help with what should I do now to make the best of the situation (for me monetarily, for the landlord in knowing what to expect in advance)?
A. Does landlord's not changing the listing on their website to show the rental is available to lease, constitute not making a reasonable effort to rerent the premises? (Looking at no. 18 here) Could I tell landlord in writing that due to this, I do not feel they have made a reasonable effort to rerent by doing the normal thing (list on their own website at least) they typically do to rent?
B. Is there anything I can do now in terms of a lawyer, informing the landlord in writing of intent to not pay the second month, or documentation?
C. Possible plan (good? bad? could doing this in writing be bad for me?)
1. Contact the landlord in writing cordially, explain inability to pay and intent to never move in, see if they'd cancel the lease and just keep the security deposit.
2. If they're not willing to do this, contact landlord in writing again with documentation that they have not made a good faith effort to do the typical things they have done in the past to rerent the place, and that because of this I will not be paying more than letting them keep the security deposit.
I signed a rental lease in Indiana 5 months before the lease would begin; 2 months later (3 months before the lease would start) I had a family crisis that made it unclear I would be able to afford that rent or even still be in town then, so I asked the landlord how we could work together to get me released from the lease.
I signed a form stating that landlord would make the place available again, release me from my lease if someone else rented to place, and I would be on the hook until they found a replacement renter. (Since the lease hasn't started yet, we would just be canceling my lease, not subleasing.)
Since that point, I've gotten a couple automated messages that the place was being shown. I cannot find anywhere online that the landlord has advertised the rental as available again, including the landlord's official website (where the place is still listed as rented through the end of my lease instead of as available) and the other places I originally saw the rental advertized when I was originally looking for an apartment. I did see the building is up for sale online, which might mean they're not very interested in spending effort finding a renter? (Landlord manages building for an owner, which might complicate their deciding to let me off the hook.) Emails I sent expressing concern about this failure to advertize were not returned.
They have my security deposit and their keeping it as the first month's rent after the lease begins is fair. I am not planning to move-in or ever occupy the rental. I know I won't have enough money to pay the rent after the security deposit goes to the 1st month. The start of the lease is 1 month away now (they've had 2 months to change the listing on their website and have not done so). I've started listing the place online on my own, since they're not doing it, and I've used Internet Archive to capture the fact that they're not advertizing the place on the landlord's website.
YANML and YANAL, but could you help with what should I do now to make the best of the situation (for me monetarily, for the landlord in knowing what to expect in advance)?
A. Does landlord's not changing the listing on their website to show the rental is available to lease, constitute not making a reasonable effort to rerent the premises? (Looking at no. 18 here) Could I tell landlord in writing that due to this, I do not feel they have made a reasonable effort to rerent by doing the normal thing (list on their own website at least) they typically do to rent?
B. Is there anything I can do now in terms of a lawyer, informing the landlord in writing of intent to not pay the second month, or documentation?
C. Possible plan (good? bad? could doing this in writing be bad for me?)
1. Contact the landlord in writing cordially, explain inability to pay and intent to never move in, see if they'd cancel the lease and just keep the security deposit.
2. If they're not willing to do this, contact landlord in writing again with documentation that they have not made a good faith effort to do the typical things they have done in the past to rerent the place, and that because of this I will not be paying more than letting them keep the security deposit.
This guide gives you a general overview of landlord tenant laws and your responsibilities in Indiana. IAAL, IANYL - In California there's a similar set of laws that require the landlord to mitigate damages when a tenant wants to break the lease - the way this usually cropped up was that in the event the landlord went after the tenant for lost rent, the landlord would have to show that they had made a reasonable effort to find a new tenant. Assuming the landlord couldn't show that (and it's easy to show), the tenant could get out of paying lost rent - again, this assumes that the laws in Indiana mandate this responsibility.
In most circumstances the best way out was for tenants themselves to advertise and hustle and find a tenant for the landlord, rather than rely on the landlord themselves. I'd take it upon yourself now to start advertising the unit online and trying to show the place if you're able, then present their application for the landlord.
Option 1 is an okay option. If they accept, make sure you get it in writing that they're canceling the lease.
Option 2 just creates a document trail that probably won't help you should you get sued over lost rent, if anything it just shows that you stopped paying rent - at that point the landlord just needs to show they made some reasonable effort to advertise and show the place (the messages you got stating they were showing the place - assuming they actually showed the place, counts as a reasonable effort.)
I'd suggest Option 3 as described earlier. Find a tenant with decent credit, bring them to the landlord. If landlord doesn't want to give back your security deposit, then have the new tenant pay you the security deposit and assign the lease to them (with the landlord's blessing.). You'd get all of your money back through this method.
I don't think a lawyer will help anything at this point. Whatever letter you write should basically inform the landlord of their responsibility to mitigate damages and ask for proof that they are are advertising, along with some form of option 1. They don't have to send you anything, but putting them on notice might nudge them a little bit to be more active in advertising. Again, if the bar in Indiana is anything like that in California (low) to mitigate damages, you'd really be much better off doing the legwork now yourself to advertise - after all, it is you breaking the lease, not the landlord.
posted by Karaage at 6:02 AM on July 5, 2016 [1 favorite]
In most circumstances the best way out was for tenants themselves to advertise and hustle and find a tenant for the landlord, rather than rely on the landlord themselves. I'd take it upon yourself now to start advertising the unit online and trying to show the place if you're able, then present their application for the landlord.
Option 1 is an okay option. If they accept, make sure you get it in writing that they're canceling the lease.
Option 2 just creates a document trail that probably won't help you should you get sued over lost rent, if anything it just shows that you stopped paying rent - at that point the landlord just needs to show they made some reasonable effort to advertise and show the place (the messages you got stating they were showing the place - assuming they actually showed the place, counts as a reasonable effort.)
I'd suggest Option 3 as described earlier. Find a tenant with decent credit, bring them to the landlord. If landlord doesn't want to give back your security deposit, then have the new tenant pay you the security deposit and assign the lease to them (with the landlord's blessing.). You'd get all of your money back through this method.
I don't think a lawyer will help anything at this point. Whatever letter you write should basically inform the landlord of their responsibility to mitigate damages and ask for proof that they are are advertising, along with some form of option 1. They don't have to send you anything, but putting them on notice might nudge them a little bit to be more active in advertising. Again, if the bar in Indiana is anything like that in California (low) to mitigate damages, you'd really be much better off doing the legwork now yourself to advertise - after all, it is you breaking the lease, not the landlord.
posted by Karaage at 6:02 AM on July 5, 2016 [1 favorite]
Look for a local tenant resource center. I agree that it doesn't sound like the landlord is actually trying to mitigate losses, and it might actually be illegal for then to keep your security deposit (which was probably against physical damages to the unit) under these circumstances. [IANAL]
posted by teremala at 6:09 AM on July 5, 2016 [1 favorite]
posted by teremala at 6:09 AM on July 5, 2016 [1 favorite]
A lawyer can write a letter threatening the landlord with the evidence that even on their own website, the apartment is listed as rented and they are breaking the law by not taking reasonable steps.
After the lease commences and you don't pay, the lease monies owed will go to collections. You will (sorta) have written proof that you do not owe if you keep documenting, sending letters, screen shots, etc. You will need to ask for written proof from multiple collection agencies (the debt will he sold and resold) for proof they "own" the debt and that you legally owe this money.) You may or may not be able to shut down these attempts, IANAL - ask one!!
You will have to be vigilant this stays off of your credit report.
There might be another route, consult a lawyer now. Even if you re-rent the place for the landlord, they might still sell this debt (but then you have the new renter's lease that they re-rented the place and you don't owe.
This is likely an attempt to collect double rent, so you should confirm the space is vacant or occupied once your lease commences. Shady landlord that is ignoring you is counting on the fact you will be out of town and dealing with family troubles and will be unable to do this.
- SEND ONE MORE LETTER CERTIFIED & RETURN RECEIPT DEMANDING THEY RENT THE PLACE, ETC.
If that letter (get tenant's rights center's advocate to help you word it properly) doesn't get results then get a lawyer to follow up?
If I could afford a lawyer to write a letter now, I would jump straight to that. You could also re-rent the place yourself, but I'm scared of this shady landlord.
BTW, the landlord is the owner. I think you are dealing with a management company/the landlord's agent. Make sure you use the right terminology. Informing the owner directly about this mess may also get you some positive results. Good luck.
posted by jbenben at 7:43 AM on July 5, 2016
After the lease commences and you don't pay, the lease monies owed will go to collections. You will (sorta) have written proof that you do not owe if you keep documenting, sending letters, screen shots, etc. You will need to ask for written proof from multiple collection agencies (the debt will he sold and resold) for proof they "own" the debt and that you legally owe this money.) You may or may not be able to shut down these attempts, IANAL - ask one!!
You will have to be vigilant this stays off of your credit report.
There might be another route, consult a lawyer now. Even if you re-rent the place for the landlord, they might still sell this debt (but then you have the new renter's lease that they re-rented the place and you don't owe.
This is likely an attempt to collect double rent, so you should confirm the space is vacant or occupied once your lease commences. Shady landlord that is ignoring you is counting on the fact you will be out of town and dealing with family troubles and will be unable to do this.
- SEND ONE MORE LETTER CERTIFIED & RETURN RECEIPT DEMANDING THEY RENT THE PLACE, ETC.
If that letter (get tenant's rights center's advocate to help you word it properly) doesn't get results then get a lawyer to follow up?
If I could afford a lawyer to write a letter now, I would jump straight to that. You could also re-rent the place yourself, but I'm scared of this shady landlord.
BTW, the landlord is the owner. I think you are dealing with a management company/the landlord's agent. Make sure you use the right terminology. Informing the owner directly about this mess may also get you some positive results. Good luck.
posted by jbenben at 7:43 AM on July 5, 2016
If you advertise and retention the place that might be enough, but IDK under these circumstances. 5 months is a looooooong time to find a tenant. I think this management company is shady as all get out, and you'll need to document EVERYTHING.
I doubt the actual owner knows what's going on, that might help you. I think your biggest concern is the debt being sold to a collection agency no matter what you do, so get on this now to prevent that down the road.
Good luck.
PS - you get your deposit back if it rents before your lease commences. Don't write that money off yet!
posted by jbenben at 7:50 AM on July 5, 2016
I doubt the actual owner knows what's going on, that might help you. I think your biggest concern is the debt being sold to a collection agency no matter what you do, so get on this now to prevent that down the road.
Good luck.
PS - you get your deposit back if it rents before your lease commences. Don't write that money off yet!
posted by jbenben at 7:50 AM on July 5, 2016
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posted by Kalmya at 5:43 AM on July 5, 2016 [3 favorites]