A very particular question about escaping my lease
July 1, 2015 2:24 PM Subscribe
YANML, etc, etc. If my original lease had an end date of X and my (several) renewals had an end date several months later of Y, does an argument that my lease actually end sooner than the renewal end date have any bite to it?
Before I come off as a total asshole, I am trying to move out sooner than my renewal lease ends for reasons related to a long story involving medical expenses. I plan to plead and grovel and offer to find a new tenant, but this is a big complex owned by a corporation that lacks mercy. I'll offer to pay the two/three months I would be leaving early in payments if nothing else works, so, to repeat, I'm trying not to be an asshole.
THAT BEING SAID does it matter that my original lease had a beginning/ending date that would align with the time I plan to leave? The renewal leases had a later date because the landlord forgot about offering me one for several months one year.
I'm not holding out much hope for this argument, so those with more K knowledge than I have feel free to call me a fool.
I'm in PA.
THANK YOU
Before I come off as a total asshole, I am trying to move out sooner than my renewal lease ends for reasons related to a long story involving medical expenses. I plan to plead and grovel and offer to find a new tenant, but this is a big complex owned by a corporation that lacks mercy. I'll offer to pay the two/three months I would be leaving early in payments if nothing else works, so, to repeat, I'm trying not to be an asshole.
THAT BEING SAID does it matter that my original lease had a beginning/ending date that would align with the time I plan to leave? The renewal leases had a later date because the landlord forgot about offering me one for several months one year.
I'm not holding out much hope for this argument, so those with more K knowledge than I have feel free to call me a fool.
I'm in PA.
THANK YOU
No. If you signed a renewal, the terms of the renewal supersedes the original lease. Assuming your renewals included rent increases, you wouldn't make the argument that the lower rent in the original lease agreement is the correct rent and not the one in the renewal, would you?
That being said, in most states if you find a new tenant to assume your lease the landlord can't unreasonably reject the tenant outside of bad credit. Barring assignment of the lease, the landlord would at least have to allow you to sublet out.
I'll offer to pay the two/three months I would be leaving early in payments if nothing else works.
That's ultimately what can occur and that's where your responsibility ends, but again note that your landlord can't unreasonably restrict you from assigning your lease to a new tenant or subletting. You only offer to pay the three month's damages by you breaking the lease early if a suitable replacement tenant can't be found.
Check your state's resources for landlord tenant law - most states and large cities have a handbook.
posted by Karaage at 2:38 PM on July 1, 2015
That being said, in most states if you find a new tenant to assume your lease the landlord can't unreasonably reject the tenant outside of bad credit. Barring assignment of the lease, the landlord would at least have to allow you to sublet out.
I'll offer to pay the two/three months I would be leaving early in payments if nothing else works.
That's ultimately what can occur and that's where your responsibility ends, but again note that your landlord can't unreasonably restrict you from assigning your lease to a new tenant or subletting. You only offer to pay the three month's damages by you breaking the lease early if a suitable replacement tenant can't be found.
Check your state's resources for landlord tenant law - most states and large cities have a handbook.
posted by Karaage at 2:38 PM on July 1, 2015
Sorry, didn't realize that you were in PA - Upon reading further apparently landlords in PA do not have a responsibility to mitigate damages. In which case I take back my earlier statement - the landlord could try to keep you on the hook for the 3 months' of damages rather than accept your proposal of finding a replacement tenant.
That's unfortunate, but your actions should remain the same. Write a sincere letter of notice with explanation of why you're leaving earlier, have a suitable replacement with good credit, and ask if they're willing to allow you to assign the lease to the new tenant.
posted by Karaage at 2:55 PM on July 1, 2015
That's unfortunate, but your actions should remain the same. Write a sincere letter of notice with explanation of why you're leaving earlier, have a suitable replacement with good credit, and ask if they're willing to allow you to assign the lease to the new tenant.
posted by Karaage at 2:55 PM on July 1, 2015
No, that won't matter.
Check your lease for any exceptions. Military families routinely have a clause that breaks the lease if the military member gets assigned elsewhere. Civilian leases sometimes have hardship clauses, very often employment related.
I have broken a lease. I paid rent while not living there until someone else occupied it. From what I gather, that is a pretty standard way to handle it.
posted by Michele in California at 3:35 PM on July 1, 2015
Check your lease for any exceptions. Military families routinely have a clause that breaks the lease if the military member gets assigned elsewhere. Civilian leases sometimes have hardship clauses, very often employment related.
I have broken a lease. I paid rent while not living there until someone else occupied it. From what I gather, that is a pretty standard way to handle it.
posted by Michele in California at 3:35 PM on July 1, 2015
PALawHelp.org offers information about tenant rights in PA, and a directory of free legal help that can be searched by county.
It may be helpful to have an attorney review your lease and discuss how to approach your landlord within the context of local, state and federal laws that may apply, especially since you have medical issues related to your need to move out. It's possible that the wording of your lease may make a difference, but you may also have a variety of options that depend on which laws apply to your situation.
posted by Little Dawn at 4:09 PM on July 1, 2015 [1 favorite]
It may be helpful to have an attorney review your lease and discuss how to approach your landlord within the context of local, state and federal laws that may apply, especially since you have medical issues related to your need to move out. It's possible that the wording of your lease may make a difference, but you may also have a variety of options that depend on which laws apply to your situation.
posted by Little Dawn at 4:09 PM on July 1, 2015 [1 favorite]
This thread is closed to new comments.
posted by soelo at 2:37 PM on July 1, 2015 [1 favorite]