Can't Afford Rent attempting to Terminate Lease Minnesota

[tigertimeorange]

I just graduated from College and also just got laid off. I no longer have student loans to help support my payments and I'm working strickly off of un-employment so I don't have enough money to pay for my monthly rent anymore. I've been in discussions with my apartment manager and we are in the process of trying to get me off the lease. Our apartment building doesn't allow sub-leaseing anymore. I am planning on moving in with my girlfriend where we plan to share rent. Is there anyway I can terminate my lease and use my financial situation to my benefit? Below is part of my contract discussing moving-out early guidelines.

17. MOVE-OUT.
a. If you intend to leave the Premises permanently prior to the Ending Date and you want us to return to you any remaining Security Deposit you must provide the Manager with advance written notice of the specific date by which you will leave. Telling us about your leaving without putting it in writing is not sufficient. We suggest that you use our form for a move-out notice. If you don’t, you are responsible for obtaining the Manager’s written acknowledgement that the move-out notice has been received. Even if you give proper notice, you are still obligated under the Lease and we can apply your Security Deposit to your account. You will be responsible for monthly Installments of Rent through the end of the Lease term or until a replacement resident is found, whichever occurs first.
b. When you leave, whether at or prior to the Ending Date, the Premises, including the carpets, windows, bathrooms, patios, balconies, kitchen and furniture in the Bedrooms and Common Areas, must be clean and in good repair and condition. If they are not, you will be liable for reasonable charges to complete such cleaning, repair or replacement. We recommend that you schedule a walk-through with our staff.
c. If you leave any of your property in the Premises after you leave or after the end of this Lease, that property is deemed to be abandoned by you and we can take such action as provided by Minnesota law and charge you with costs incurred to keep, sell or dispose of such property without our being liable to you.
d. If you move out before the end of the term, you also have to pay us a reletting charge equal to 85% of one-month’s Rent. The reletting charge is not a cancellation fee, buy-out fee or a limitation on damages collectible by us since you have still violated the Lease and your Rent for the remainder of the term is still payable to us.
RELETTING CHARGE. There is no early termination clause in this Lease. You will be liable for a reletting charge equal to 85% of the highest monthly rent during the Lease Term if you (1) fail to move in or (2) move out without our prior written approval, or (3) are judicially evicted. The reletting charge is not a cancellation fee and does not release you from your obligations under the Lease.
Not a Release. The reletting charge is not a Lease cancellation fee or buyout fee. It is an agreed-to liquidated amount covering only part of our damages, that is, our time, effort, and expense in finding and processing a replacement. These damages are uncertain and difficult to ascertain – particularly those relating to administrative and marketing costs. You agree that the reletting charge is a reasonable estimate of such damages and that the charge is due whether or not our reletting attempts succeed. The reletting charge does not release you from continued liability for future or past-due Rent, charges, fees or other sums due under this Lease.

A lay-off or being unable to afford rent is not sufficient reason to break a legal(a lease). Your lease is very specific and so is your state law. Make sure you give at least 30 days written notice of your intent to vacate.

You will owe the reletting fee (which basically is for advertising and processing any paperwork for a tenant) of 85% of one month's rent. You would be responsible for any advertising costs they had, so this just lumps it into one lump sum.

You will owecleaning costs if the unit is not left clean. (Standard - CLEAN IT WELL including the bath and kitchen appliances - inside and out. They can charge you for cleaning, just not for wear & tear.)

You will owe storage and disposal costs if you leave anything behind. (Standard - they have to hold these things for 30 days in most states, for which you pay tro store the things. Then they can dump them, for which you pay the removal fees. DON'T LEAVE ANYTHING BEHIND TO AVOID THIS!)

You will owe rent until the unit is re-rented or the lease ends, whichever is first. Your state law says they have no duty to try and re-rent. The fact that they seem to be willing to try to find another tenant is good. Make sure that you also get the word out that the unit is available so it can be rented as quickly as possible. Post a notice at the college or have former co-workers put it in an emplyee bulletin. If you can find a suitable replacement that they lease your unit to, your obligation for rent will end, saving you money.

I'm afraid there is no way to lessen these costs to you other than to see that it is advertised and rented as quickly as possible. Give your notice and get the word out yourself about your unit being vacant.

[atrevida06]

do you live at Jefferson @ Berry??? this lease looks just like my lease...and if so you are not the only one having problems paying your rent...I'm also trying to find a way out let me know if you figure something out