getting out of a lease

This is a discussion on getting out of a lease within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; We don't know whether that was the poster's lease or not. If the woman rented in Maine, she would have ...

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Old Oct 29th, 2009, 05:07 PM   #11
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Default Re: getting out of a lease

We don't know whether that was the poster's lease or not. If the woman rented in Maine, she would have been required to use a Maine lease. Each State has different laws. Most require certain clauses in every lease. This means the woman could not have simply made up her own lease and let it fly.

In any event, Maine law states the law that was cited, and as such, regardless of whether the woman was easy to communicate with (something a LOT of asian women use as a crutch), she was more than likely well aware.

The tenant can get out of the lease and probably get their deposit back.
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Old Oct 29th, 2009, 08:02 PM   #12
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Default Re: getting out of a lease

There is no such thing as a "Maine" lease, or any other state's. Leases are written and then adjusted to each state's laws. Many LLs use generic leases from internet sources, stationary stores, or those copied from books. Not all LLs adjust those to meet their state laws. Each state does not have its own particular lease. There is not one single lease available for all LLs in that state. Leases can vary from building to building. Even adjoining buildings can have 2 completely different leases. For that matter, LLs in the SAME building (adjoining apartments!) can even use different leases. The only specific clauses required in Maine leases pertain to late fees, lead hazards, and a mandatory grace period. LLs make their own leases, not get them from a state offered lease site. So yes, the LL can easily have made her own lease. There is not a state web site to obtain a lease for your state.

You are wrong. Ask LLs where they got their lease from. You will get as many answers as you ask LLs.
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Old Oct 30th, 2009, 07:52 AM   #13
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Default Re: getting out of a lease

Having rented in many different places, I can say that every owner does seem to have their own leases. Each apartment I rented had a different lease. They weren't anything alike at all, even though I have always lived in the same metro area. I don't know why this is, but its true.

Personally, although I am not of Asian descent, I find those remarks about that culture offensive. If a language difficulty is a problem, it certainly is not a crutch as you put it. To state that people of a certain culture use any possible language barrier on purpose is just wrong!
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Old Oct 31st, 2009, 10:55 AM   #14
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Default Re: getting out of a lease

To the poster who keeps coming back here to argue ad nauseam, do you, or have you lived in Maine?

I do, and it's a state law, not simply a clause that can be omitted at the whim of whatever generic form a landlord chooses to use. Read up on Maine law before making further comments.

http://www.maineapartmentowners.com/.../download.html.

Read this in its entirety before further spouting off. Pay close attention to clause 12 as you scroll down to what must be included in a Maine lease, by law.

And there IS such a thing as Maine lease, as well as leases for other states, and there ARE plenty of websites that provide specific Maine leases, for people who aren't too lazy to google it, as well as other specific states. To argue without first researching your topic is irresponsible.

Generic leases only get landlords in legal trouble. It's best to follow the guidelines of each state's laws before using a generic form. While there may be "as many leases as there as landlords", it is each landlord's duty to make sure their lease conforms with their state's laws and regulations before using one.
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Old Oct 31st, 2009, 09:04 PM   #15
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Default Re: getting out of a lease

What you have chosen to post a link to is not the law statute. It is some random person's interpretation of the law. That person is trolling for business (note the name & phone number at the end of this article). It is not a judge's interpretation, any case law, or any state statute. This is not a government site. The #12 you quote says the lease SHOULD include a 24 hour notice. Not that it MUST include it. The only lease clauses that must be included per Maine state statutes are the ones I posted. There are state statutes that require these to be listed in the lease. There is no state statute that requires the LL to put any other part of the law into the lease. The LL should know and follow the law, as should the tenant, but there is no requirement that it be listed within that lease.

There is NO specific lease required in any state of the US. A LL is free to use ANY lease he chooses. The LL should still follow state law, but he can use any lease or none at all. There is not one statute in ANY state that lists any required lease. There is not one state web site that instructs a LL to use that state government's lease. Why? Because there are no state leases. There are plenty of sites that you quote that purport to have "state specific leases" (not all of which meet state laws by the way). There are also plenty of sites that purport to sell you weight loss treatments, hair growing potions, and proof of UFOs!

Just because something is listed on the web as "state specific" does not mean it is. That is just advertising to get you to buy it. All leases do not have to quote the entire statutes in them. They cannot contradict the law, but they don't have to quote them verbatim either. So a LL can simply leave out whatever is not required to be included. This is not against the law. Go and read some of those "state specific leases" you talk of. You will quickly see that they change only one small part of them and say they are state specific. Just saying they are so doesn't make them so. I f you believe every advertisement on the internet, you will soon be broke.
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