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Posted by Dawn on January 10, 2001 at 14:44:36:

In Reply to: Breaking Lease posted by Tina on January 09, 2001 at 12:59:07:

How much notice did you give the landlord? Are you a month to month? If you are, thirty days notice is all you have to give and that's it. There would be no such thing as giving him two months of anything. Also, about the notice -- did you put it in writing? Perhaps the landlord figures it'll take him about two months to find someone he finds appropriate enough to take the apartment once you're gone. Don't pay for anything in advance. If you are not a month to month and have some kind of lease, then I would check for any provisions or loopholes. I would also try and hustle really hard to find someone reliable and responsible who has a good and reliable paying job and offer that person to the landlord (hopefully this person has a good credit record!). It's a thought. Just don't panic or you can't think straight. Don't let the landlord intimidate you. Be polite but firm. Be accomodating as you can for the landlord about him bringing over prospective tenants to check your place (make sure it's clean and neat). Of course all hours of the day and night won't do, but work with the landlord to come to an understanding and compromise of time schedules that fit you both. If the landlord's really being jerky, calmly ask the landlord where this two months' provision comes from as you don't see it on your lease. Go about your business, pay what rent you owe while living there, and if the landlord doesn't like the person you're offering to replace you (put this in writing in a certified or fed ex letter to him stating the day you're moving out). Take clear pictures/video with date and time stamped on it when you cleaned out the place of your stuff, in case he comes back with something he claims is "broken", etc. and tried to charge you for it. www.nolo.com also may have more information regarding this. Keep a paper trail (have everything in writing, keep receipts and signatures and stuff in a safe place) and good luck. Let us know what happens.

: I am having to break a lease due to a relocation and the landlord wants 2 months rent as a penalty. This is no where in the lease. (it does not even speak about giving notice) I tried to offer 1 month, but they will not budge. What if anything can I do? I am in a non-stablized unit with about 200 units.

: Thank you,
: Tina

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Comments:
: How much notice did you give the landlord?  Are you a month to month?  If you are, thirty days notice is all you have to give and that's it.  There would be no such thing as giving him two months of anything.  Also, about the notice -- did you put it in writing?  Perhaps the landlord figures it'll take him about two months to find someone he finds appropriate enough to take the apartment once you're gone.  Don't pay for anything in advance.  If you are not a month to month and have some kind of lease, then I would check for any provisions or loopholes.  I would also try and hustle really hard to find someone reliable and responsible who has a good and reliable paying job and offer that person to the landlord (hopefully this person has a good credit record!).  It's a thought.  Just don't panic or you can't think straight.  Don't let the landlord intimidate you.  Be polite but firm.  Be accomodating as you can for the landlord about him bringing over prospective tenants to check your place (make sure it's clean and neat).  Of course all hours of the day and night won't do, but work with the landlord to come to an understanding and compromise of time schedules that fit you both.  If the landlord's really being jerky, calmly ask the landlord where this two months' provision comes from as you don't see it on your lease.  Go about your business, pay what rent you owe while living there, and if the landlord doesn't like the person you're offering to replace you (put this in writing in a certified or fed ex letter to him stating the day you're moving out).  Take clear pictures/video with date and time stamped on it when you cleaned out the place of your stuff, in case he comes back with something he claims is "broken", etc. and tried to charge you for it.  www.nolo.com also may have more information regarding this.  Keep a paper trail (have everything in writing, keep receipts and signatures and stuff in a safe place) and good luck.  Let us know what happens.

: : I am having to break a lease due to a relocation and the landlord wants 2 months rent as a penalty. This is no where in the lease. (it does not even speak about giving notice)  I tried to offer 1 month, but they will not budge.  What if anything can I do?  I am in a non-stablized unit with about 200 units.

: : Thank you,
: : Tina


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