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Etiquette on Breaking House Rental Lease

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in-too-deep

01-10-2008 08:53:38




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I moved into my current house in July, and signed a lease saying I would pay $--- per month for a year. I am currently in a situation where I may be moving out before the lease is up. I read my agreement 3 times and I can't find anything about breaking the lease. Doesn't sound like they're going to cut off my hands or anything. Do you think they would make me liable to pay them $--- per month until July even if I move out? Will they withhold my deposit? The landlords are nice folks, farmers that live right next door, so I don't think they'll be too hard on me. I plan on giving them a 2 month notice between my decision to move and my actual last day. That's plenty of warning I think. Any other tips or things I need to be careful of if I break the lease?

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MarkB_MI

01-10-2008 19:34:16




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 Re: Etiquette on Breaking House Rental Lease in reply to in-too-deep, 01-10-2008 08:53:38  
I am currently a landlord, but I've been a tenant in a number of places. So I've seen things from both sides.

Do NOT sublease! First, your lease probably forbids it. Second, who do you think is ultimately responsible for rent and damages? YOU!

OK, most individuals are not going to hold you to a lease, assuming you haven't done anything to screw them over. Give them as much advance notice as you can, but at least 30 days notice. And leave the house SPOTLESS. Do that, and they will likely let you out of your lease and refund most of your security deposit. But if you move out without notice or trash the place, they certainly won't refund your deposit and may come after you in court.

Now big companies and owners with multiple properties are another thing. They are likely to have the resources and desire to take you to court or trash your credit rating if you break your lease.

Personally, I always do a month-to-month lease. I see no reason to make someone stay in a house they don't want to live in. Plus it makes it a lot simpler to evict someone if they're on a month-to-month lease.

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Dave (Tx)

01-10-2008 17:32:41




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 Re: Etiquette on Breaking House Rental Lease in reply to in-too-deep, 01-10-2008 08:53:38  
Some tennant laws apply whether or not you have a lease. Tell them your intention of leaving so they can start to look for new tennants. Even if you have a lease and even if the lease says you're responsible for the duration of the lease, the landlords are required to mitigate damages. That means they have to try and lease the empty apartment. If they can't you may (if you signed a lease) be responsible for the duration.

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Dave fromn MN

01-10-2008 12:47:01




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 Re: Etiquette on Breaking House Rental Lease in reply to in-too-deep, 01-10-2008 08:53:38  
What are ya moving north or som?ething



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glennster

01-10-2008 12:04:36




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 Re: Etiquette on Breaking House Rental Lease in reply to in-too-deep, 01-10-2008 08:53:38  
first, did you sign a lease, if so, you need to read the lease and see what the provisions are. i have rental properties in illinois, a 12 unit, a 2 unit, and a single family, so i am familiar with illinois law on rental contracts. your security deposit may only be held if there are damages to the rental unit caused by the tenant while in his care custody and control. if you signed a 12 month lease, you are obligated by the lease to pay the full term of the lease.i have provisions in my lease strictly prohibiting any type of sub-lease, and no aditional occupants without written permission from the landlord as an addendum to the lease. all tenants in my builds have had a credit reports done and also a criminal background check. that said, i have had instances where the tenants were released early from the lease, due to job transfers, or personal matters (death in the family) i have released the tenant early from the lease, no penalty what soever. i would prefer i part company with a tenant on good terms. we also supply a letter of recommendation to a good tenant if they move to another location. like others have said, have a sit down with your landlord, and tell them up front and promptly what your plans are. it give them an opportunity to seek another tenant. you can also recommend someone, that will help them out too!!!

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Billy NY

01-10-2008 11:15:02




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 Re: Etiquette on Breaking House Rental Lease in reply to in-too-deep, 01-10-2008 08:53:38  
Best advice is already been given, early notice communication, leaving the premises ready to re-occupy is what helps the landlord negotiate an early lease termination. I've had to do it once with a rented house, you are are obligated by the lease terms no doubt there, but through negotiation anything is possible, including getting your deposit back.

Usually, if you do something to abandon the property such as an early lease termination, then the landlord retains all rights stated in the lease and can proceed per the terms of the lease, most people who try to negotiate an early termination and live up their end of the deal, won't have a problem with a landlord, (it does help to have a good natured and understanding landlord), the one I broke the lease with was the absolute best, nicest people I've ever rented from, they used to send $25 every christmas which was unecessary, I'd send em $25 back everytime, they did this for all their tenants.

I've also painted many a place before leaving, really nice gesture, especially if you take the time to do a nice job and not slop the paint all over the receptacles and floors, use a drop cloth etc.,

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in-too-deep

01-10-2008 10:59:12




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 Re: Etiquette on Breaking House Rental Lease in reply to in-too-deep, 01-10-2008 08:53:38  
Well, I just talked to my good friend and roommate over lunch, and he says he'd like to stay and live in the house and pay the rent 'til June, but he doesn't want the lease transferred to him. He'll be moving out in June, so, that leaves one month left on my lease. Then I got to thinking my little brother and his g/f might be looking for a place, so maybe they could move in after roommate leaves in June. What do you think? If my landlords are willing to roll with this, I just might be able to escape without too much trouble. I really appreciate all the replies, too. Thank you much.

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BillinCentralMO

01-10-2008 19:50:23




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 Re: Etiquette on Breaking House Rental Lease in reply to in-too-deep, 01-10-2008 10:59:12  
Your ,"Revolving door " , theory is NOT a good idea.So many potential problems with that , don't even think about it.Talk to them and work something out .You agreed to the terms.They wouldn't boot you early.You need to try and reach an agreement. Good Luck.



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rhouston

01-10-2008 11:11:02




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 Re: Etiquette on Breaking House Rental Lease in reply to in-too-deep, 01-10-2008 10:59:12  
I would advise NOT to sublease to your friends or family. That is almost always a recipe for disaster, especially if they do not take over the lease which leaves you liable for damages or unpaid rent. As you know many people are very careless with others property. Job and social status have no bearing on how someone is going to treat your property.



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in-too-deep

01-10-2008 11:41:02




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 Re: Etiquette on Breaking House Rental Lease in reply to rhouston, 01-10-2008 11:11:02  
Upon further review, you're right. I don't think I want to sub-lease, especially if I'm going to be far away. Thank you for the heads up. I do trust my roommate, but things happen. Looks like I'm back at square one.



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Dave fromn MN

01-10-2008 10:46:17




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 Re: Etiquette on Breaking House Rental Lease in reply to in-too-deep, 01-10-2008 08:53:38  
What are ya moving north or som?ething



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in-too-deep

01-10-2008 10:53:02




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 Re: Etiquette on Breaking House Rental Lease in reply to Dave fromn MN, 01-10-2008 10:46:17  
Shhhhh! Don't be tellin' my secrets Dave! ; ) It's not a sure-fire thing yet, but all signs point to yes. I'll keep you and the rest of the folks posted.



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John S-B

01-10-2008 12:22:29




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 Re: Etiquette on Breaking House Rental Lease in reply to in-too-deep, 01-10-2008 10:53:02  
Make sure you work out something amicable AND legal. You don't want any legal or credit problems messing up your...plans for the future.;^) If you can get someone to take over the lease or sign a new one most landlords will be fine with that. As long as they don't miss any money coming in most won't care. And start to make sure all the little things around the house and yard that need attention, get it. And best of luck with your... future plans.

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glennster

01-10-2008 12:13:09




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 Re: Etiquette on Breaking House Rental Lease in reply to in-too-deep, 01-10-2008 10:53:02  
boy, ya know, the red power roundup us coming up, that'd be a good place for a weddin reception, buffet vittals, (i hate sit down) prime rib, mostaccholi, fried chicken, 3 bean salad, soup, salad bar, live band!!! maybe they'll play rocky top!!!!! that'd id be some shin dig!!!!!



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in-too-deep

01-11-2008 10:50:02




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 Re: Etiquette on Breaking House Rental Lease in reply to glennster, 01-10-2008 12:13:09  
Oooh you got me thinkin' now! This can't be good! All I did was mention moving out of my house and now you're planning my wedding! Hahaha



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M Nut

01-10-2008 11:48:14




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 Re: Etiquette on Breaking House Rental Lease in reply to in-too-deep, 01-10-2008 10:53:02  
Boy, you don't monkey around do you! Well, MN is God's country, so I don't blame you a bit.



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in-too-deep

01-10-2008 12:05:36




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 Re: Etiquette on Breaking House Rental Lease in reply to M Nut, 01-10-2008 11:48:14  
Darn straight I don't monkey around! When a situation such as this presents itself, the best thing a guy can do is jump...before the opportunity passes him by.

Just gotta iron out all the specifics first, of course. : )



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paul

01-10-2008 22:07:13




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 Re: Etiquette on Breaking House Rental Lease in reply to in-too-deep, 01-10-2008 12:05:36  
Oh yea, got the pieces to fit together now, had a dim bell in the head & couldn't think of the other thread.

Wear protection, the frostbite warnings in northern MN are for real.

--->Paul



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M Nut

01-10-2008 13:19:07




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 Re: Etiquette on Breaking House Rental Lease in reply to in-too-deep, 01-10-2008 12:05:36  
Good farm gals are not easy to find. If opportunity knocks, roll the shed door open. Where abouts in MN are you thinkin' of headin'?



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j meyer

01-10-2008 10:45:56




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 Re: Etiquette on Breaking House Rental Lease in reply to in-too-deep, 01-10-2008 08:53:38  
You best just visit with your landlord and if their the understanding type, they should work nicely with you. My landlord here says if you want to go at any time, just let me know--I appreciate how good of a guy he is, and in return he's doing the same for me. Sounds like you decided to move to Minnesota to follow the girl. Mind me asking what town she hails from?



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in-too-deep

01-10-2008 10:51:16




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 Re: Etiquette on Breaking House Rental Lease in reply to j meyer, 01-10-2008 10:45:56  
Not set in stone that I'm gonna move up there, but chances are very good. She lives closest to Shevlin, which about 15 miles west of Bemidji.



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M Nut

01-10-2008 17:25:53




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 Re: Etiquette on Breaking House Rental Lease in reply to in-too-deep, 01-10-2008 10:51:16  
My college roommate and his wife just built a new home in that area and they are both school teachers in the Bagley elementary school. Who knows, if this deal works out for ya they may be teaching little in-to-deep old iron lovers in the future!



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j meyer

01-10-2008 15:19:09




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 Re: Etiquette on Breaking House Rental Lease in reply to in-too-deep, 01-10-2008 10:51:16  
Oh boy, thats way up there.....I'm in Rochester



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JMS/.MN

01-10-2008 10:29:21




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 Re: Etiquette on Breaking House Rental Lease in reply to in-too-deep, 01-10-2008 08:53:38  
You have a legal obligation to fulfill the terms of the lease. That"s the whole purpose of having a lease. Responsibilities go both ways. That being said, you can soften the blow to the landlord by ASKING now, if you can get out of the lease if you find another tenant, that is suitable to him. If all works well and you cause him no extra expense, he may return the deposit. Certainly not obligated to if you break the lease. I rented out an extra house for 15 years, had a couple tenants that stayed 3 years apiece, some ran out in months when the electricity got shut off for non-payment. One fellow who didn"t get to move in actually told me- "We want to rent a house in the country "cuz you can"t be rough with a house in town". You meet all kinds in that business.

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KCFlame

01-10-2008 10:23:45




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 Re: Etiquette on Breaking House Rental Lease in reply to in-too-deep, 01-10-2008 08:53:38  
When I had a rental house, I as well made them sign a lease for a year. On one occasion, I did have one young couple that needed to move because he had lost his local job and found one about 50 miles away. The thing that made it easier was that they came to me prior to the need to move and discussed it, about two months, like in your situation. The impressive part was that once they moved out, they came back the following day and repainted every room, leaving it ready for the next people. I even noticed one new door knob, that must have broken during thier stay. They came by my place, I assumed to get thier deposit, which I handed over, not knowing they had done anything. Once I went by the following day and saw the place, I sent them a check, around $125., for thier labor and materials. Saved me the effort and time.

My point is that if your backing out of your lease, income that your landlord may have counted on to pay the insurance and taxes on the property or pledged to something else, make certain that you leave it better than you may have even found it. Your the one needing to break the lease, not them. Let them know they can show the place prior to your leaving so your part is to keep it presentable while your there. I like the suggestion that you may try to rent it for them, maybe take out an ad giving both your numbers as contact. A few dollars expense on your part could save you a few hundred on the terms of the lease and your deposit..

Good luck either way.

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Goose

01-10-2008 10:20:31




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 Re: Etiquette on Breaking House Rental Lease in reply to in-too-deep, 01-10-2008 08:53:38  
This simplest way to answer your questions is to ask them of your landlord.

I have a farm house I rent out, and I usually write the lease for a year at a time. But--peoples circumstances change and if they're open and up front about it, I'll work with them.

On a personal note, the biggest problem I have is dogs. They have a way of appearing after you have a "no pets" clause in the lease. Over the years, every single time I've had a confrontation with a renter, there was one or more dogs at the bottom of it. People move out to the country from in town and think they can just let a dog run loose all day. It's unbelievable how much mischief a dog can get into if not properly supervised and trained.

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Mike (WA)

01-10-2008 10:20:15




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 Re: Etiquette on Breaking House Rental Lease in reply to in-too-deep, 01-10-2008 08:53:38  
In Washington, landlord has a duty to "mitigate" damages by promptly attempting to rent to another. You would be liable for your rent amount until they are able to do so, plus any differential in rent amount if they have to lower the price to get another tenant. You'll probably get off scott free if you give them plenty of notice and are cooperative in letting them show the house, because with 2 months notice, I would imagine they would have little trouble re-renting. Deposit can be retained to cover damage (same as if you stayed til the end of lease), as well as rent coming due after you leave if they haven't found another renter.

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Pete-IN

01-10-2008 09:54:38




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 Re: Etiquette on Breaking House Rental Lease in reply to in-too-deep, 01-10-2008 08:53:38  
Most folks with rental property have been stung many times by deadbeats 2 months behind moving out in the middle of the night. With 2 months notice and being paid up to the day you move out about any landlord would like to have a busload of tenants like yourself. Pete



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Jeff-oh

01-10-2008 09:28:22




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 Re: Etiquette on Breaking House Rental Lease in reply to in-too-deep, 01-10-2008 08:53:38  
You seem to have the right idea. Yes they will keep the deposit.

Open Communication is the key. Let them know you as soon as possible. let them know why. Keep the place cleen and leave it clean when you leave.

They could take it to court and get a judgement, but this is time and trouble for them... Don't give them a reason for wanting to go that route by respecting their place and making it ready for the next person.

They may push for the rest of the amount but be kind and tell them you what you do and you do not have the ability to do.

Also, If you are moving out for because their rent is too high, talk to them about it. They may decide (if you are a good prompt payer, who does not complain or cause problems) that it is in their best interest to lower your rent than to take a risk on the next person.


REMEMBER BIG KEY IS COMMUNICATION. Keep them informed on what your plans are.

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Bob - MI

01-10-2008 09:19:19




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 Re: Etiquette on Breaking House Rental Lease in reply to in-too-deep, 01-10-2008 08:53:38  
Be honest with the folks. If you offer to show the houes anytime to a new potential renter they will appreciate that.

In Michigan, it's difficult (legally) for a landlord to keep a security deposit. The landlord has to have notarized pictures before and after to prove damages. You situation may be different and it would likely hinge on the language in the lease agreement.



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supergrumpy

01-10-2008 09:15:08




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 Re: Etiquette on Breaking House Rental Lease in reply to in-too-deep, 01-10-2008 08:53:38  
see if you can line up a new tenant for them that could move in when you move out, keep their cash flow going, help them stay nice people



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8N'r--WI

01-10-2008 09:10:59




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 Re: Etiquette on Breaking House Rental Lease in reply to in-too-deep, 01-10-2008 08:53:38  
"I am currently in a situation"

"The landlords are nice folks, farmers that live right next door, so I don"t think they"ll be too hard on me"

Most people are pretty understanding and don"t like surprises.

I would just let them know what"s going on---if you are planning on giving a 2 month notice anyway, that would at earliest mean a moving date of March.

That only leave 3 months of the lease left. Hopefully, they could have it rented out by that time and let you out of the lease.

Just one opinion--

Tim

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dhermesc

01-10-2008 09:03:40




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 Re: Etiquette on Breaking House Rental Lease in reply to Unclemerle, 01-10-2008 08:53:38  
Did you have a deposit? If so it would only be fair that you forfiet the deposit for breaking the lease. Or you pay rent until they have the house rented again.


In Manhattan KS the landlords will make you pay rent for the entire term of the lease even if you leave and they rent the apartment to someone else.



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Verniee

01-10-2008 09:21:52




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 Re: Etiquette on Breaking House Rental Lease in reply to dhermesc, 01-10-2008 09:03:40  
Yes, but those are corporate landlords that are only in it to make a buck. Regular people understand that life throws us a curve ball now and again so they can and will be more flexible if you are honest with them.



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