IA - Consequences of Breaking Lease

[DarinLWebb]

My roommate and I signed a lease on February 13th, 2009, and we are trying to figure out how to get out of it. The landlord called us the Saturday after the signing to tell us that he just discovered that each unit in the house had a separate electric meter, and that it was payed for by the tenant. Our lease, and everything verbal up to that call said that all utilities, excluding cable, etc. were included in the months rent. I told him this, and that I would have to talk to my roomate about it. The apartment was already expensive, and we didn't want to spend that extra money every month. Plus it wasn't in the lease. However, rather than fight for the original lease, we're rather get out of the whole situation.

We got a call later, and the landlord said that he would be willing to pay up to the 24 month average electric bill and we would pay any difference from going over. This would have to be added to the lease, of course. I told him we would think about it and get back to him. We still felt like we'd prefer to get out of the situation, and since we'd have to sign again, we figured it wouldn't be that hard.

I called him back, told him that it wasn't going to work, throughout the conversation he changed his wording to "would like you guys to keep it under that 24 month average, which I think is already a little high". Since we've tried to get out of it, he's gone back to the original lease, which we've signed and paid a deposit for. But we still want out.

The only catch I can think of is that he requires a cosigner. We have a Co-Signer Agreement with the wording: "This agreement is attached to and forms a part of the Rental Agreement dated February 13th, 2009 between (Landlord) <his name> and (Tenant(s)) <our names>.

The lease says: "ADDITIONAL PROVISIONS. Co-signer Agreements and Cleaning Addendum are included as a part of this residential rental
agreement. In the event that tenants do not return all co-signer agreements to the landlord within 20 days of signing the lease, landlord
may at his sole discretion terminate the residential rental agreement upon 10 days written notice to tenants. Tenants shall then forfeit
the security deposit to cover landlord's expenses in re-renting the premises. However, until and unless landlord elects to terminate the
rental agreement as specified, this residential rental agreement is in full force and effect and is binding upon tenants and co-signers."

My question is: What do we stand to lose by breaking the lease? The start date isn't until August 1st. He's already cashed the deposit check. I just want to know what my options and consequences are, all of them.

Thanks.

That is a material change of terms and normally is a reason to break the lease if he will not stick with what you signed.

Your lease is signed and it includes your utilities. There can be no change to that unless you agree. You cannot break the lease without consequences.. You will have to abide by the lease under the terms that you signed. If you do not have the guarantor's agreement signed and returned, he MAY terminate the lease. But it says at his discretion, so he may decide NOT to terminate it and you will still be obligated. You didn't list your state or area, so we can't tell you exactly what the consequences would be if you decided to break the lease. But at a minimum, you owuld be responsible for the rent until it is re-rented (or at least several months of rent), all the advertising fees, agent fees if he uses one to find a new tenant to replace you, and any other unreimbursed costs he suffers (like new credit checks) because you broke the lease. Some states say the LL has no duty to try and re-rent. If you are in one of these states, you would be responsible fro the entire rent for the lease.

Sorry, I didn't notice the IA in the title. In IA, the LL does have a duty to try and re-rent the property, so your responsibility for rent would be limited to rent until he re-rents the property.