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| Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc. |
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#1 |
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I am being relocated by my company and my management company for my condo (they rent the place on behalf of the owner) is telling me that I have to continue paying the rent until they (or I) find someone else to take over my lease?
Is this the case? Is there anyway around this since I am not just up and leaving them without paying rent and am being relocated? Any advice would be SO appreciated.... I have listed the place for rent on Craig's List and local advertisments etc..but nothing so far... I signed an original lease 2 + years ago and I just recently signed a 2nd renewal lease that isn't up until April 30, 2009. |
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#2 |
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The employer should help pay and handle that.
But you may also review your lease and see if it has any terms that may support you and in any case ask the landlord to work something out--many will do something for you in medical situations or other emergencies...if there are any problems you could try to point those out as reasons for leaving as well; finally most landlords actually will not sue for the amounts owing after a broken lease, though they may try to report it to your credit agency; you are only liable until they re-rent it in any case so if you can find someone to take it, that may also help... |
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#3 |
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"if there are any problems you could try to point those out as reasons for leaving as well" That's very poor advice! Unless the problems are so many that they constitute uninhabitability, you can't use small problems to get out of a lease! And you couldn't use them to get out, even if they were habitability issues, unless you first wrote to the LL and asked for repair and allowed him time (up to 30 days in most states) to make those repairs. Very poor advice IMO. Don't try this. It would never fly in court.
Yes, you could look for loopholes in your lease, but don't plan on finding any. Most leases contain no provision for early termination for a job transfer. If they do, there is usually an early termination fee (of 1-2 months of rent) for this. Read through your lease and see if such a termination fee is listed. If so, have your company pay this fee and get a letter relieving you of further obligations under your lease. Many companies will insert a termination clause for tenants who know they may get job transfers if you ask at the beginning. "finally most landlords actually will not sue for the amounts owing after a broken lease, though they may try to report it to your credit agency; you are only liable until they re-rent it in any case" Also not true. It costs only a fraction of a month's rent to file for a judgement in small claims court and requires no attorney. Many LLs DO pursue tenants for unpaid rent and damages. Especially large management companies (like yours) who do this routinely. And at least 12 states' laws say the LL has *NO* duty to mitigate damages by re-renting your unit. In those states, the LL can just let it sit empty while your rent accrues until the end of the lease. (The law there says he already rented it and YOU are the responsible party until the end of the lease.) 6 other states have laws that are unclear on the LL's obligation to re-rent. Which state do you live in and I can tell you if he must re-rent the unit or if he can just it let sit empty while you pay the bill? You don't want to ignore this. I can pretty much guarantee that they will sue you for the 9 months of rent if you are in one of those states! Any judgement from this will show up on your credit report for years to come. Your score will go way down for an unpaid judgment. You may be denied credit and not be able to buy some items on credit until you satisfy the judgement. Your credit cards and outstanding loan rates can go up significantly. (Read the fine print - many say they can raise your rates for changes in your credit report.) And yes, some management companies have the ability to place unpaid rent on your credit record without obtaining a court judgment. However, usually only the big management companies do this. They turn it over to a collection agency that starts calling you for payment. The best advice for you to follow is to speak reasonably with the management company. Ask what it will take to get you out of your lease (can you find them a new tenant, pay a termination fee, or what?). Ask your company's help from the HR department on getting out of the lease. They can pay the fee or possibly help find a new tenant. If so, make sure you get a letter releasing you from further obligation to CYA. If you ignore this, you will owe (at the least): rent until the unit is re-rented (and possibly for the rest of your lease), advertising fees, agent fees if they use one to find a new tenant, any unreimbursed costs they have (like credit checks that are not covered by application fees), utility costs (in some areas) if your lease said you were responsible for them (-they wouldn't have had to pay this if you hadn't broken your lease and are considered a damage against you in some states), and any other costs the LL suffers because of your lease break (like court costs and legal fees to pursue you for the money). These are all legal "damages" that LLs are routinely awarded in court. Big management firms know to ask for these in court (some small LLs would not know to ask for them). Take care of this yourself and do not ignore this to protect yourself and your credit. |
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#4 |
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Thanks for the replies...I appreciate it! Lets just hope and pray it gets re-rented quickly!!
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#5 |
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by the way to last replier, I live in FL
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#6 |
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Sorry, but FL -IS- one of those 12 states where the LL has no legal duty by law to even look for a new tenant. He can simply let it sit empty while you pay for it. Do all you can to get the unit re-rented yourself or to get them to agree to a termination fee. Get copies of their application, advertise and show the place yourself, get a copy of their qualifications for a tenant to pre-screen to try and find a qualified applicant, then turn over the applications to management for them to do the final screening. Enlist the HR department from work to help. Explain the problem with the lease to them. They may have a solution - another employee may need that place.
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