Trying to Get Out of a Lease

With such a small amount of time left on the lease...why don't you give the proper notice 30/60 days and just search for the PERFECT home in the meantime. You could squeeze in one more little body in the home until it was time to move??? OR What does your lease say about breaking the contract early? Are there penalties that you would be willing to pay? Would a job change REQUIRE you to move? An elderly parent to be close to? Read in between the lines...

My first apartment was really...gross...I got out of the lease by reading books and quoting rules that the complex was breaking. (This would probably get a little ugly on a person to person battle). There are also probably more educated websites that deal with real estate law...save on lawer fees. I wouldn't go the lawer route. Can't you just tough it out???

I had the same thing happen. I just put the crib in our room, and delt with it for 10 months. The key, if you are not into co-sleeping (I'm not the type to co-sleep, just couldnt get into it im a restless sleeper) is to just make sure you are putting you little one in the crib. Act like the crib is there own separate bedroom. My son had no problems at 10 months going into his own room when we finally moved. The only issue i did deal with is that you really run out of room in your current place!!!! its also no problem to set up a crib in your first childs room....after all 40 years ago they didnt have the luxury of children having there own rooms.

Hey A.,

I was in a similar situation with my second child and when I told the landlords about the new addition, their attitude was very uncaring. Many landlords will not let you out of a lease no matter what your situation, except for bankruptcy or military change of station. No matter what you do, it's the laws that would get them. I'm sorry you have to go through this, especially at this time of year. If you're military, I would recommend that you ask the on base lawyer about it. If you're not military, there is a company called Pre-paid Lawyer services that might be of help to you. They might be able to find a loophole or something for you. Good luck and I'll be praying that you are able to get through this situation.

Is sub-leasing your place an option?

I think you've already received this advice, but you should look through your lease and see what it says about subleasing and terminating the lease. If it is in writing that you can't sublease or terminate early, then don't expect the landlords to make exceptions or bend over backwards for you. Unfortunately, you found a landlord who isn't up for negotiation. The housing market is tough in this area.

Realize that even though you want to terminate the lease, you signed it, so it is your responsibility to hold up your end.

I was going to say pretty much exactly what martha did! Especially the part about the lawyer - you can call up most lawyers and ask for a consultation, and some will solve (at least from a legal standpoint - but maybe not the outcome you desire) your problem right over the phone without needing a meeting. The consultation with any lawyer should be free. If it's not, find another one.

Hey A.,

I would say look at the lease very carefully. If they are inexperienced landlords, they may have used a lease that is not up to Maryland Law or they very well may have not completed an important peice of the lease that makes it an unenforceable document. I would also look to your current Realtor for advice. She should be able to help you or speak to someone in her office to get you some answers. Good Luck, I hope everything falls into place. Don't let yourself get too stressed!

I don't know much of anything about houses or leases but you said you are supposed to close on your new home soon? Maybe you will have to move in there and pay for the lease on the other home. Since the leased home will be empty maybe then you can convince your landlords to look for new tenants. I kinda know how you feel on a smaller scale. My husband and I bought a Jetta and then found out we were going to have our second baby a few months later. So we are stuck in a tiny car with a 1 and 3 year old, very cramped. Best of luck to you in your situation. Merry Christmas.

The first thing to do is to read your original lease. If there is no provision for early termination of the lease, then you probably have to pay for the entire lease period, whether you choose to live there or not. If the lease requires that notification of early termination be in writing, did you give that notification in writing? If not, then you are not following your part of the bargain. If you want to try to get out of the lease, then you need legal advice, and sometimes you can just get that advice from an attorney for free with a "free consultation" meeting. Sorry for the gloomy picture, but leases are not easy to break and unless there is a provision for early termination, you are required to fulfill the contract, at least from my point of view. I'm not an attorney, so you need legal advice to know what your rights are.

Um...try checking your lease terms carefully and checking the laws as well...I don't know what the laws in this area are, but in Texas, if you are buying a home, as long as you have served the majority (in your case, 7 of 12 months) of your lease, the landlord is required by law to let you out of the lease-with little to no penalties. Hope this helps!

I would contact a lawyer. If I'm not mistaken, if you buy a home in VA then you can get out of the lease. Not sure on the details, but don't let a pushy landlord lead you astray.

Also, a newborn doesn't take up that much space. If you don't go overboard on buying a lot of stuff then you should be ok until the end of your lease in case you don't find somewhere big enough for your family.

I was always told that you could get out of a lease (no problems) if you were buying a home!! You should check into this. If you were leaving one lease just to sign another somewhere else, that is different. If you are buying a home that gives you the right to get out of the lease. I am not sure where you live, maybe things are different there but that is what I have been told here in MD.

Good Luck!

A.-
Before spending a lot of time on an appointment with an attorney, you could try www.lawguru.com, post a question with detailed information of your lease verbage and many attorneys will respond with the proper legal information. I know that as my first time leasing-if I leave before the lease is up, i loose my deposit, but am not responsible for any more rent payments.