Need Advice About Breaking a Lease to Move into First Home.

In my opinion, it's always good to give someone a 'heads up' or early warning b/c to me, it reflects better on me in the long run if I give them fair warning as opposed to "oh, BTW I won't be paying rent today" which is how they may view it from their perspective. I would give early notice, definitly. Just let them know that you understand & realize about lease agreement & that you are responsible but this is a situation that cannot be helped. Good luck!

Well, I'm an apartment manager of a subsidized complex. Our lease (year long) can be broken IF the tenant gives a 30 day notice to vacate and we only hold them responsible for the rent for those 30 days. Read your lease closely as it may state the same provisions, especially if you are living in a low income housing facility, as we are here just for that reason ~~ to allow you to get on your feet and better yourself. You may not be as bound to that lease as you think you are. I would talk to your manager first before putting anything in writing. They don't want to evict, it causes massive paperwork and costs money, so if you have a nice attitude and tell your manager your situation maybe you can resolve it with something that works for both of you. Quti losing sleep over it, read your lease and go talk to your manager today!
ADD ON!! What worries me for you is that you have not payed your November rent. You are responsible for that. With my property the rent is due on the 10th, if they dont pay I have to give them a 3 day notice to pay or quit. If the tenant does not pay the rent on the 3rd day it automatically goes into eviction status. That is what is going to happen to you unless they agree to use your Security Deposit to pay your rent, provided you are leaving your apartment in "rent ready" condition for the next tenant.

It depends on the actual parameters of your agreement... read it carefully. You are essentially breaking a legally-binding contract so know the contract before you talk with the property manager.

Here's my bigger concern... are you sure you can handle the financial responsibilities of a home? If you can't afford your mortgage and "some extra" you may find yourself in a real bind as a home owner. It may be too late, but this whole situation seems very shaky to me.

To your specific question, you are better to tell them sooner rather than later. They cannot evict you immediately, but you will likely get hit with significant financial penalties for breaking a lease early and you were aware of that when you started house-hunting. I would talk with them about a payment plan. Being upfront with them will at least show them that you have integrity and intend to pay them back "in full" over a period of time.

Most states only allow them to hold you liable for the rent they miss, plus a penalty for breaking the lease. In other words, if they rent it again right away, they aren't out the money, and you don't have to pay to the end of the lease. Call Legal Aid in your city for a free consult.

Sometimes, when you bring them a new tennant to fill your apartment they will break the lease easy peasy. thier primary concern is that they had a guarantee of money from your space for a set amt of time and your breakage is messing up thier budget that's why they make you pay your full lease or close to it to break it. Bring them someone to fill in and they will normally play nice.

And legally you have 30 days to get out once eviction starts they may say 7 days blah blah blah but 30 days legally ... don't stress move into your new home and keep them in the dark until/unless you can find someone to replace you in that spot.

I would say wait until everything is signed with your new mortgage. You don't want anything showing up on your credit report before the closing.

I have heard that buying a home was an acceptable reason to break a lease. Ask your real estate agent or mortgage broker if they know anything about that. I don't know for sure, but I was told that if you presented a 30 day notice and a sales contract on a new home, that you could legally terminate a lease.

Don't say a word until after you close. I have bought and sold two homes, and I know first hand that the lender can push back closing with little notice. The last home we bought, the lender decided they didn't like the way the title company drew up the paperwork, so on the morning of our closing they cancelled closing until they were satisfied with the exact wording of the closing papers. Then when the title company re-wrote the papers, they still were not happy. Two weeks later we finally closed!

If for some reason your closing gets pushed back, you will NEED your apartment. Don't breath a word until after you sign the closing papers and you have the keys in your hand. Good luck and congrats on your first house!

My sister was a leasing agent. She said that legally, they have to give you 30 days and go through court before they can throw your stuff out. Unfortunately, not many apts honor this (since many residents don't know or have the money to fight). I've lived in many apts in Fort Worth... so it depends on where you live. Some will be willing to reduce the breaking lease fee if you work out a payment plan and get caught up within a certain time frame, others won't. I haven't heard of breaking a lease and still requiring you to pay all the months on it, plus the breaking fee. It is usually best to give them more notice so they can work with you.

Did you give them any notice that you were moving? If you read your contract, you may see terms in there that if you are going to break the lease early, you can pay a re-letting fee that is usually equal to 90% of a monthly payment amount (but it depends on your contract). I looked at the residential contracts that we use, and there were no terms specified. The only acceptable reason it gave for breaking the lease is if you became an active member of the military or received a permanent change of station. I would be up front with them and see if you can work out payment arrangements. Owing money to a property could make things rough for you in the future if you needed to move out of your house for some reason.