Breaking a lease for the purpose of buying a house

[rosealyn]

I need some help please. Me and my Fiance were searching for a house because we were about to have our first baby, and did not want to live in apartments any longer. We needed somewhere to stay in the meantime so we did lease an apartment, but we specifically asked for the shortest lease term possible because we told them we were looking for a house. We ended up signing a six month lease in September. Now we had our son in the end of September, and were still looking for a house. An opportunity came along for our perfect home, and we could not pass up the opportunity to purchase it. We gave the office 30 days written notice, and moved out by January 1st. We were told by several realestate agents, and brokers that if you terminate your lease for the soul purpose of purchasing your first home, that as long as you give thirty days written notice that they can not hold you to all those early termination fees. Well they did. They kept the $300.00 security deposit, and are asking for over $900.00 in termination fees. We can not afford to pay this. We gave them notice, and left the apartment in perfect condition. Is their any truth to those statements the realtors told us ? We broke the lease for the better of our family, and i do not think we should have to throw away money on fees where no services were rendered. Also the apartment office was very bad to us through the entire transition. What do you think ?

 

[Duranie]

Not true.

If you broke your lease, you might be stuck paying a termination fee. The realtors are worng, you do not get off scotch free for buying a house.

You could have tried to find a replacement tenant. They are also required to look for another tenant, or "mitigate their damages". If they sue you you need to show up in court but buying a house does not mean you can break a lease.

 

[Ronnie]

also

depending on where u live, there may be no obligation to mitigate damage ie NY law does not require this in most situations.

I would talk to the agent that told you this. Maybe they can do something - probably not, but worth a shot.

Ronnie