Help me with a leasing issue, please.
June 7, 2011 6:34 PM Subscribe
Any way to get out of a recently signed apartment lease?
About 7 weeks ago, my current landlord informed me that he'd be selling his unit (which I rent and have rented for nearly 5 years). I was told that I could stay until the end of the lease (7/31), but if that I found other housing earlier than that, I could leave without giving 30 days notice at no penalty to me. In the midst of this, I had a trip abroad planned for the last week of May and first week of June. So, being a diligent person, I sought a new apartment and signed a lease before leaving for vacation with a move in date after I returned.
Upon my return, my current landlord informed me he'd had a change of heart about selling and would really like to retain me as a tenant. I LOVE where I currently live and (a) don't want to move and (b) don't want the costs associated with moving. Looking at the new lease, I don't see a way I can get out of it, but I thought other creative minds might have ideas.
I am in a position to negotiate with the current landloard, but clearly not with the new one. I also don't want to seem like a twit going to the new landloard and asking if he'll let me out...but I since this whole move was thrust upon me, I really feel like I should try and get out of the new lease if at all possible. FWIW, I think the current landlord would not decide to sell again in the near future - I think he's learned a lesson.
I realize you are not my lawyer, but welcome any ideas.
About 7 weeks ago, my current landlord informed me that he'd be selling his unit (which I rent and have rented for nearly 5 years). I was told that I could stay until the end of the lease (7/31), but if that I found other housing earlier than that, I could leave without giving 30 days notice at no penalty to me. In the midst of this, I had a trip abroad planned for the last week of May and first week of June. So, being a diligent person, I sought a new apartment and signed a lease before leaving for vacation with a move in date after I returned.
Upon my return, my current landlord informed me he'd had a change of heart about selling and would really like to retain me as a tenant. I LOVE where I currently live and (a) don't want to move and (b) don't want the costs associated with moving. Looking at the new lease, I don't see a way I can get out of it, but I thought other creative minds might have ideas.
I am in a position to negotiate with the current landloard, but clearly not with the new one. I also don't want to seem like a twit going to the new landloard and asking if he'll let me out...but I since this whole move was thrust upon me, I really feel like I should try and get out of the new lease if at all possible. FWIW, I think the current landlord would not decide to sell again in the near future - I think he's learned a lesson.
I realize you are not my lawyer, but welcome any ideas.
Which country/state/city is this apartment in? This has a huge influence on tenants rights. Also it would help if we could see the lease or at least see the clauses that apply.
posted by crapmatic at 6:40 PM on June 7, 2011
posted by crapmatic at 6:40 PM on June 7, 2011
if you're prepared to eat your deposit on the new lease, the new landlord might well be willing to let you out of the lease, especially since it looks like your new lease doesn't start until August. You won't know unless you ask. Maybe you can negotiate a loss of half your deposit. Might be cheaper than moving.
posted by crush-onastick at 6:47 PM on June 7, 2011 [2 favorites]
posted by crush-onastick at 6:47 PM on June 7, 2011 [2 favorites]
The general rule is that a tenant can break a lease, the landlord is then required to "mitigate," and the tenant is liable for the difference between the lease amounts due and the amounts secured by the landlord through mitigation. If you are in an area with high demand for rentals, you can rely on mitigation, and/or you can offer to find a substitute tenant. If you are in an area with low demand for rentals, high vacancy, getting out of a lease is typically harder and more expensive.
posted by ClaudiaCenter at 6:49 PM on June 7, 2011 [2 favorites]
posted by ClaudiaCenter at 6:49 PM on June 7, 2011 [2 favorites]
You could perhaps ask your current landlord if he will eat any costs associated with breaking the new lease. It's worth a shot.
posted by PercussivePaul at 6:55 PM on June 7, 2011
posted by PercussivePaul at 6:55 PM on June 7, 2011
You honestly wouldn't prefer beginning with an awkward interaction, rather than jumping directly into a potentially costly and complex and certainly alienating legal exercise?
posted by thejoshu at 7:07 PM on June 7, 2011
posted by thejoshu at 7:07 PM on June 7, 2011
Ask to look at it again and just say you see mold and you are within your rights to not take possession.
posted by udon at 7:10 PM on June 7, 2011
posted by udon at 7:10 PM on June 7, 2011
First of all, you should ask if you can be let out of the lease. Explain the situation, the new landlord might be willing to work with you. It can't hurt to ask.
Secondly, if your current landlord wants to retain you as a tenant, maybe you can make a deal with him. For example, if you will end up losing X amount of money reneging on the new lease with the new landlord, maybe the current one will give you that X amount off of rent for a certain number of months.
Either way, it's worth a shot to ask.
posted by katypickle at 7:28 PM on June 7, 2011
Secondly, if your current landlord wants to retain you as a tenant, maybe you can make a deal with him. For example, if you will end up losing X amount of money reneging on the new lease with the new landlord, maybe the current one will give you that X amount off of rent for a certain number of months.
Either way, it's worth a shot to ask.
posted by katypickle at 7:28 PM on June 7, 2011
Oh, this is easy. I've been a landlord, this stuff comes up from time to time. Don't be afraid to ring new landlord and be honest. Really.
You will probably lose your deposit. Your current landlord should waive your rent until you've been reimbursed.
Everybody wins.
If new landlod wants 2 months rent or more to cover his losses, think twice. Otherwise, good luck!!
posted by jbenben at 7:29 PM on June 7, 2011
You will probably lose your deposit. Your current landlord should waive your rent until you've been reimbursed.
Everybody wins.
If new landlod wants 2 months rent or more to cover his losses, think twice. Otherwise, good luck!!
posted by jbenben at 7:29 PM on June 7, 2011
You shouldn't feel like a twit for asking. Life stuff happens -- people lose their jobs or get suddenly engaged or other major life changes that supersede the need for a lease. You're not so beholden to the new landlord.
I got out of a brand-new lease on similar time frame, and didn't even lose my deposit. Remember that a landlord wants tenants who can afford to pay their rent -- if you politely play up the financial angle, they may be more likely to work something out with you. The landlord simply asked for me to write a letter explaining the change in my circumstances and back-date it to a particular date a couple of weeks prior (which conformed to their internal cut-off date for reneging on a lease.)
I'm not saying you should give them a big exaggerated sob story, just say that you were fortunate to find such a nice new place when you learned you would lose your current home, but financially, the move was always going to be difficult. Now that circumstances have changed, perhaps he/she could work something out to not hold you to the lease. If the landlord knows very well that apartment will be super-easy to rent, they very well may let you out of the lease with little more than a lecture and perhaps a minor fee.
posted by desuetude at 10:13 PM on June 7, 2011
I got out of a brand-new lease on similar time frame, and didn't even lose my deposit. Remember that a landlord wants tenants who can afford to pay their rent -- if you politely play up the financial angle, they may be more likely to work something out with you. The landlord simply asked for me to write a letter explaining the change in my circumstances and back-date it to a particular date a couple of weeks prior (which conformed to their internal cut-off date for reneging on a lease.)
I'm not saying you should give them a big exaggerated sob story, just say that you were fortunate to find such a nice new place when you learned you would lose your current home, but financially, the move was always going to be difficult. Now that circumstances have changed, perhaps he/she could work something out to not hold you to the lease. If the landlord knows very well that apartment will be super-easy to rent, they very well may let you out of the lease with little more than a lecture and perhaps a minor fee.
posted by desuetude at 10:13 PM on June 7, 2011
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posted by Perplexity at 6:39 PM on June 7, 2011