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Posted by Dion Eusepi on May 20, 1996 at 05:23:39:

In Reply to: Re: breaking a lease posted by TenantNet on May 16, 1996 at 15:04:39:

: : I live in Athens,GA. Most rental property is
: student apartments and the leases typically
: specify that a renter cannot terminate the lease
: for any reason short of death. Anyway I found a
: house and moved, I have thus far paid one months
: rent. I have two months remaining on my lease.
: The landord said that she would rent the apt out
: because I, according to lease, cannot sublet.
: The landlord has made no effort to rent the unit
: choosing instead to do a complete and substantial
: remodel. Is there anyway to get out of this?

: Thanks for being the first to try our test
: discussion area. I'm hoping other tenants will
: see your message and chime in with their 2 cents.
: -- if for no other reason so we don't have to respond to every
: question :) Plus others may know some peculiarities
: of the law in your area.

: You can generally terminate a lease for a variety
: of reasons -- but it can depend on your lease and also state/city
: law and local court practice. Some lease provisions might be "unenforceable."
: For example, if the landlord breached the lease, that might possibly
: give you right to terminate the lease no matter what the landlord thinks.
: You might also have the right to sublet -- check your local law.
: In general a tenant is responsible for the value of the rent
: for the entire term of the lease. But there are exceptions. If the owner
: were to take you to court seeking the rent for the remainder of the lease term,
: the owner would then be forced to plead damages, i.e., loss of rent.
: If the owner has gone ahead and re-rented the place, there is no loss of
: rent. If you have brought a replacement tenant to the owner and he/she
: refuses to rent the place to the new tenant, then the owner has
: "failed to mitigate his/her damages". This last requirement is often
: dependent on local court practice and also depennds on what you do
: and also on what the owner does. Did the ownner place ads in the paper seeking
: a new tenant but was not able to get one? In this case you indicate the
: owner has voluntarily foregone the ability to rerent the place and instead opted
: for using the time to remodel. Of course nonne of this matters unless you are
: dragged into court. I would speak to a local tenant attorney and keep tabs on
: everything the owner does (or does not do).

I'm attempting to break a lease in conjunction with a job offer in another state
the landlord is ateempting retrieve a discount in intial rent that is stated in the lease as
"first months rent" can the discount legally be retreived if not defined in the lease
as such?

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• Re: breaking a lease TenantNet 5/21/96 (0)

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Comments:
: : : I live in Athens,GA.  Most rental property is
: : student apartments and the leases typically
: : specify that a renter cannot terminate the lease
: : for any reason short of death.  Anyway I found a
: : house and moved, I have thus far paid one months
: : rent.  I have two months remaining on my lease.
: : The landord said that she would rent the apt out
: : because I, according to lease, cannot sublet.
: : The landlord has made no effort to rent the unit
: : choosing instead to do a complete and substantial
: : remodel.  Is there anyway to get out of this?

: : Thanks for being the first to try our test
: : discussion area. I'm hoping other tenants will
: : see your message and chime in with their 2 cents.
: : -- if for no other reason so we don't have to respond to every
: : question :) Plus others may know some peculiarities
: : of the law in your area.

: : You can generally terminate a lease for a variety
: : of reasons -- but it can depend on your lease and also state/city
: : law and local court practice. Some lease provisions might be "unenforceable."
: : For example, if the landlord breached the lease, that might possibly
: : give you right to terminate the lease no matter what the landlord thinks.
: : You might also have the right to sublet -- check your local law.
: : In general a tenant is responsible for the value of the rent
: : for the entire term of the lease. But there are exceptions. If the owner
: : were to take you to court seeking the rent for the remainder of the lease term,
: : the owner would then be forced to plead damages, i.e., loss of rent.
: : If the owner has gone ahead and re-rented the place, there is no loss of
: : rent. If you have brought a replacement tenant to the owner and he/she
: : refuses to rent the place to the new tenant, then the owner has
: : "failed to mitigate his/her damages". This last requirement is often
: : dependent on local court practice and also depennds on what you do
: : and also on what the owner does. Did the ownner place ads in the paper seeking
: : a new tenant but was not able to get one? In this case you indicate the
: : owner has voluntarily foregone the ability to rerent the place and instead opted
: : for using the time to remodel. Of course nonne of this matters unless you are
: : dragged into court. I would speak to a local tenant attorney and keep tabs on
: : everything the owner does (or does not do).

:
: I'm attempting to break a lease in conjunction with a job offer in another state
: the landlord is ateempting retrieve a discount in intial rent that is stated in the lease as
: "first months rent"  can the discount legally be retreived if not defined in the lease
: as such?


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