Saturday, September 10, 2005

BREAKING A LEASE by Dan the roommate man

I would like to break my lease because I would like to move in with a friend so I can save money to return to school in the fall. I still have about 6 months left on my lease. What can I do?

Thanks, eddie

Dear Eddie,

The first thing to do is read your lease carefully. Some leases have what is called a "lease breaking clause" which will tell you exactly what to do as well as how much it will cost you. There is usually a fee associated with it. But there are also those leases which do not give you an out. You must remember that a lease is a legally binding contract to which you are obligated. Now for the good news - if you should break the lease and move out, your landlord is obligated to mitigate any damages. That means he must attempt to re-rent your apartment. To do so he may also charge you with any marketing expenses associated with the releasing of your apartment along with any other fees. If for some reason market conditions prevent him from finding a qualified renter to move in right away, you will be held responsible for the rent until an appropriate tenant is found to take your place.

There will also be other fees associated with moving in another renter. In the apartment world it is called a "turn-over fee". These fees are connected with preparing the unit for a new renter. Did the landlord have to send in a painter and/or cleaner in order to re-rent your apartment? Charges such as these can also be charged to you as well.

If you feel that your landlord did not treat you fairly, contact a lawyer who has experience in landlord-tenant law. You may want to explore your options.


About the Author
Dan the roommate man

www.roommateexpress.com

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