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getting out of lease...

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Old Aug 10th, 2008, 05:59 PM     #1
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Default getting out of lease...

I currently live in Indiana. I have 5 months left on my lease (this is a re-newed 1 yr lease) Now I have a job offer in Texas, what can i do to get out of this lease?
In the town that i'm moving to, there is a property managed by this company...is it possible to transfer the lease?
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Old Aug 10th, 2008, 11:22 PM     #2
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Default Re: getting out of lease...

Why not ask the company management? You cannot break the lease legally - job transfer is not a reason to break a lease. If they will allow you to transfer the lease to the new property, great! If not, then negotiate a lease break fee or the ability to be released from the lease if you can find a new suitable tenant to sign a new lease with them. Get a letter in writing to release you from future liability if they agree to wither of these.

If you have no other choice but to break the lease, consider that you will be liable for the rent until it is re-rented, advertising costs, agent fees if they use one to find a new tenant, utilities in some areas if your lease said you were responsible for those, and any other unreimbursed costs that the LL suffers since you broke the lease. If they decided to sue you for those, you would have to travel back to IN to attend the hearing or they would win a judgement against you automatically. It would appear on your credit report and lower your score dramatically until you paid it off.

Speak to management. If you can't transfer, negotiate a lease break.
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Old Aug 11th, 2008, 01:07 PM     #3
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Default Re: getting out of lease...

Thank you for the response. I do plan on going in and talking to them about this. Best case scenario is a lease transfer... I just want to be "armed" with information as well as some legal strategy.
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Old Oct 27th, 2008, 04:53 PM     #4
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Default Re: getting out of lease...

If your job is transferred over 50 miles away from your current residence, you are able to legally get out of your lease. Talk to your apartment manager.
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Old Oct 28th, 2008, 12:13 PM     #5
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Default Re: getting out of lease...

Whoever left that last post is dead wrong. That is a myth and there is no law or court precedent to back this up.There are only 2 (in some areas 3) reasons that you can use to legally get out of a lease. A job transfer is NOT one of them.

You can get out of a lease without penalty if: 1)You are a current military member who is transferred or deployed. This is covered under the federal Servicemen's Act. 2)You are a victim of domestic violence, have a restraining order against the perpetrator, and need to move for your safety according to a court. There has been court precedents for this. 3)And sometimes, if you live up stairs or on a higher floor of a building without an elevator, and you become medically unable, as certified by a doctor, to physically get in and out of your apartment. And even then, the LL has the right to make reasonable accomodations such as move you to another unit (transferring your lease), installing or allowing you to install a chair lift, or other accomodations to allow you access. If the LL does make or allow these accomodations, you cannot terminate your lease. Ths would be covered under the Americans with Disabilities Act.

No other reasons are legal ways to get out of your lease without penalty if there is not a lease break clause in there.
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