tennancy agreement

This is a discussion on tennancy agreement within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; i signed a 12 month agreement but i want to get out of it now the landlord is saying i ...

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Old Feb 9th, 2008, 01:09 PM   #1
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Default tennancy agreement

i signed a 12 month agreement but i want to get out of it now the landlord is saying i have to pay for each month up until my agreement is up or until they get another tennant in the house and also they said i have to pay the fees to put the house back on the market, is this right???
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Old Feb 9th, 2008, 08:12 PM   #2
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Default Re: tennancy agreement

Your LL is correct. You may not break the lease, it is a legal contract. If you break this contract, you must make the LL whole. That is, you must pay the rent until a new tenant starts paying rent for that unit or the lease expires, whichever comes first. (Please note - in some states the LL has no duty to find a new tenant and you could be responsible until the end of the lease.) You are also responsible for advertising fees, agent fees if he uses an agent to find a new tenant, utilities (if your lease stated that you were responsible for those), and any other unreimbursed costs the LL suffers because of your unlwaful breaking of this contract.

If you fail to pay, the LL may take you to court and get these costs (plus attorney fees & court costs) and get a judgment against you for the total. This will affect your credit rating, and will remain on your credit report for years to come. You will be unable to buy a house, refinance items, or buy other large ticket items on credit. Your wages can be garnished for this judgment, your bank accounts can be attached, and in some states they can place a lien on personal property (like cars or other expensive items).

I would suggest you not brek the lease, but you negotiate a way out of the lease with your LL. You may be able to find a qualified replacement tenant to sign a new lease, or you may be able to break the lease by paying a lease break fee. If he agrees to either of these, get it in writing that you are no longer responsible for any terms or obligations of the lease.
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