Breaking a Lease

[thewife]

My husband and I have lived in an apartment complex for three years and recently the office manager offered to rent us a renovated unit. We had a LOT of problems in the original apartment, including constant noise from the tenants upstairs and a roach infestation that also stemmed from those same neighbors. The office manager was aware of all of these problems and assured us it would be totally different in the new location. I came to her several days before we were scheduled to move into the new apartment and told her we were not at all happy and that I had serious doubts about signing a new lease to move into the new apartment. She promised me that if we did not like it that she would let us out of our lease.

We are just as unhappy in the new apartment. Unfortunately, we have signed a new lease for it. I told her several days ago that we would like to move and she told us to put it in writing. Before I had a chance to deliver the letter, she told me that the owners of the complex had heard we were leaving and were prepared to hold us to the full term of our lease. She is saying our only option would be to sub-lease, which I do not want to do.

I have looked into the legality of verbal contracts/agreements and it seems too open to interpretation to rely on should they choose to take us to court. I'm considering having a recorded conversation with her where she admits that was our agreement, but I understand that is also not always permissible in court.

We already have a new apartment set up to move into and we absolutely do not want to stay in the current apartment.

I would really appreciate any advice about what we can reasonably do and what our odds could be if we were taken to court.

 

[mightymoose]

You should have gotten the promise to be let out of the lease in writing. It could easily have been added into the new lease agreement.

If you move you will not owe them the full term. Give proper notice in writing and make sure the apartment is spotless. Since it was just renovated they won't likely have much if anything to claim for cleaning or damages and you should get you deposit back.

If you leave early and break the lease agreement they can hold you responsible for rent lost during the time it takes to get a new tenant. Help your own cause by trying to find interested renters. They can't collect rent from you as penalty AND collect rent from a new tenant.

If the landlord does not make a reasonable effort to find a new tenant and still tries to sue you for the rent then the landlord will have a weakened argument.

Although you would be normally entitled to the return of a cleaning deposit it is likely the landlord would keep it and force you to sue them over it, which likely isn't worth doing.

So my opinion, if things are that terrible and you want out, and if you won't miss the lost deposit, then simply go.

If you live in a large complex that is full of renters then that is even better because it shouldn't take long for a new tenant to come along and get you off the hook.

 

[thewife]

Thank you for the quick response!

If you leave early and break the lease agreement they can hold you responsible for rent lost during the time it takes to get a new tenant. Help your own cause by trying to find interested renters. They can't collect rent from you as penalty AND collect rent from a new tenant.

If the landlord does not make a reasonable effort to find a new tenant and still tries to sue you for the rent then the landlord will have a weakened argument.

I would be more than happy to eat the cost of rent between tenants and give up the security if it meant that I didn't have to sub-lease.

The only hesitation I have is that they do seem vindictive at this point and I think they would try to sue over whatever they could. I'm fairly sure the lease says we would be responsible for their legal fees.

 

[mightymoose]

If they sue you they will have to show damages. Their damages will be the value of monthly rent lost between tenants minus whatever deposit amount they do not return to you.
The sooner they rent the less their damages are, and the less likely they would try and sue you. The cleaner you leave the apartment, the sooner they can rent it to someone else.
If for some reason they did not rent the apartment for three months you could potentially owe three months rent, but they would have to show due diligence in advertising and attempting to rent the apartment.
If you decide to move and are able to vacate early then they will have opportunity to rent the apartment right away with no lapse. If you stay right up to the end of the month, or the end of your 30 days, then there very reasonably could be a week or two, or even a month before someone takes a new lease.
There is some guess work involved and a bit of risk, but the bottom line is that you don't have to stay there if you don't want to. If you are in a financial position that you can afford to move and not worry about deposits then do so... but do what you can to minimize your liability. Nobody can force you to stay if you are not happy there.

 

[mightymoose]

The only hesitation I have is that they do seem vindictive at this point and I think they would try to sue over whatever they could. I'm fairly sure the lease says we would be responsible for their legal fees.

If they should sue you and be successful in obtaining a judgment then yes, they could ask that you pay legal fees. However, you have some control in avoiding court. If they demand two weeks rent because it took two weeks to get a new tenant then simply pay the prorated amount you owe.

If they demand ridiculous amounts then make them a reasonable offer instead. If you end up in court because they made absurd demands you likely won't be ordered to pay legal fees, or at least could argue that point.

Again, be reasonable. Work with them. Attempt to find interested renters. If they turn qualified renters away (and you can prove it because you know who they are) they will likely lose their argument.