Ways Out of a Lease???

Updated on February 28, 2011
A.M. asks from Rice Lake, WI
8 answers

So my parents own a business in town and my step dad does a lot of business with my landlord. He says she is the type of lady who does not let you out of your lease and will go after you for everything that you owe to her according to the lease. So here's the dilemma, we moved back from Wyoming where my husband was working and rushed to find a place to stay. After looking at many apartments, this was the only place we could get into right away so we took it. It's more expensive then we wanted but we didn't have any other place to go and we thought at the time my husband would for sure get his job back which no longer seems to be the case. Now I'm 32 weeks pregnant and only have so much longer before I wont be able to work anymore and I can't stand this place. I don't like our loud neighbors, this place isn't well insulated so I can hear everything they do. My other neighbor who's dog craps outside my bedroom window, and then they are always taking up 2 parking spaces so I have to park at the other end of the building. All small stuff but it gets on my nerves and I just want out!

So we signed a lease that says we will stay til November, although that was signed for apt 7 and we moved to apt 1 which we technically do not have a lease for I guess. I don't want to cause issues between my parents and my landlord, because it appears that she is the type of person who would hold this against them but I want out. I'm just sick of laying in bed at night and not being able to sleep cause I can hear every step that the ppl above me make! Is there anything I can do, or do I just suck it up til Nov and then get the heck out?

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B..

answers from Dallas on

Get a copy of your lease and read it. We bought a house that was an awesome deal, with 6 months left on our lease. The only way we could get out, was to pay the remainder of our lease. That meant paying 6 months rent in one chunk. You can usually always get out of a lease, if you are willing to pay.

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D.P.

answers from Pittsburgh on

You don't "have" to stay until November but you probably will have to pay what you owe. (full lease agreement)

Is there a clause in your lease that allows you to break the lease IF you give enough notice and fully cooperate with her attempts to re-rent? Can you sub-lease? That would be in the lease, too.
Basically, if you signed it, you're bound to it. Just "being sick of" a place is not a reason to get out of a lease. Sorry. Good luck!

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L.S.

answers from Dallas on

probly not an option, but if you pay your rent from now to november it won't go on your credit. probably not the advice you were looking for, but that way they get their money & she couldn't be pissy about anything or have a bad relationship w/your parents. good luck. :(

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R.M.

answers from Cumberland on

Laws have changed in most municipalities to support tenants as opposed to landlords. Contact the Landlord-Tenant Court in your area and see if there are any statutes that can help you out of this. With the dog waste and parking-if parking was included in your rent and is generally not available...you may have a good case. Otherwise, you have to speak with the landlady directly and plead your case. Good luck. I would have an impossible time not trying to help a pregnant woman-but that's me.

1 mom found this helpful

A.F.

answers from Chicago on

I don't practice law in your state...but I have gotten out of a few leases early when I lived in Pennsylvania-- 1st) there were termites in my apartment, I demanded to be out and just lost security deposit; 2nd) utilities didn't work properly- material breach of the lease; 3rd) I had been there a year + and asked to be left out early during peak rental season.

Is there a sub-letting clause or prohibition against subletting? You could try to sublet your apartment to someone else for what you pay for rent if it isn't prohibited but it might need to be coordinated with the Landlord depending on the lease terms. That might give you a way out without having any ill will. Of course it also gives you an ongoing duty until November because rent is still due FROM YOU. I would have the subletter sign a sublet agreement where they are contractually required to pay the rent directly to the landlord to give you freedom. The only other way is to ask to be left out of the lease early -- there are high rental seasons and if you are asking to leave when there is a good chance she can find another lessee and maybe even higher rent, she might be more likely to do it. Besides those things, I think you are stuck. The things you mention stink but they aren't breaches of her end of the lease (likely -- not sure if she is obligated to give you the parking that is being used by the neighbors or not). Good luck!

1 mom found this helpful

T.N.

answers from Albany on

Hi Amanda, there is ALWAYS a way of of a lease, but it's never free or even cheap. When we bought our first house we tried very hard to time it so that we'd close close to our lease's end. It didn't work out that way. We got a bill from our apartment complex demanding 4 months rent.
We called NYS Tenant's Right's office and found out unless the apartment was rented, there was no way out of paying the rent. So just for fun, we drove over to the complex and sure enough they had already rented it, pssh.
We had to pay less than two weeks rent.

So my advice it google the tenant's rights department in your area with a copy of your lease in hand and see if you can find a loophole!

Good Luck, hope you're in a better place soon!

(Where's Grandma T today? She'd know the answer to this!)

:)

1 mom found this helpful
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R.K.

answers from Boston on

Ask if you can find someone to take over the remainder of your lease.

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K.P.

answers from New York on

You would need to read the terms of your lease to make this decision. Some agreements will allow you to get out early, but there is always a fee attached to it and they can be quite hefty. You may want to talk with the owner about discontinuing the lease and going for a month-to-month option at a slightly higher cost until you find something else.

This may impact your father's relationship with her and that is certainly a factor. You also can't be certain that a less expensive place would be nicer b/c that isn't usually the case. Keep that in mind! You may be better having a conversation with the landlord about the fact that the rent is higher than you can afford and ask her what circumstances would allow for you to break your lease. The relationship with your father could work in your favor and she may cut you a break (especially if she has someone interested in your apartment).

Worst case scenario- you suck it up until November and then move on. If you aren't 100% on the next place, sign a 6 month lease. It will be a little pricier month-to-month, but at least you could get out of it if needed.

1 mom found this helpful
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