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Breaking lease early

Discussion in 'Rental Agreements & Subleases' started by Znil, Apr 24, 2019.

  1. Znil

    Znil Law Topic Starter New Member

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    Hi I have a question regarding us breaking our lease..

    So a few months ago, we rented a house. Come to find out the landlords are not what we were expecting.. and for various reasons, we are wanting to get out of the lease early. After looking it over, there is a paragraph (under termination of tenancy) stating:

    "This lease shall be terminated by the landlord or tenant with a written notice in advance from the 1st of the month in which tenancy is to be terminated"

    So we figured that was allowing us to break our lease but we wanted a little bit more clarification. So one day, our landlord came over for rent and we specifically asked if we gave her a 30 day notice, that we could break our lease. She replied "absolutely, you can start looking if you want!"

    So needless to say.. we started looking and we found something so we put our 30 day notice in.. but our landlord came back and said that because we signed a year lease, we cannot give a 30 day notice and have to fulfill the terms of our lease.

    So needless to say, I'm kind of wondering if that clause (that I listed above) will work in our favor if she decides to take us to court.. Everybody that i ask is telling me that that's what it means.. but idk if there are any loopholes (plus none of the people that i have asked know the law). There is nothing stated in the lease about a penalty or anything.. just that clause that I listed above.

    If somebody can give me some advice on how to go about this, it would be greatly appreciated. We're kind of stuck on how to go about this now.. like I listed above we have her telling us we could get out with a 30 day notice, we have our lease that WE THINK states we can get out of the lease early.. but now after all of this she's claiming that we can't. So we're stuck :/. Any advice would be greatly appreciated!. Thank you!
     
  2. justblue

    justblue Active Member

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    Are you in NYC?
     
  3. Znil

    Znil Law Topic Starter New Member

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    No not NYC
     
  4. mightymoose

    mightymoose Well-Known Member

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    This is not accurate. You COULD be responsible for the remainder IF the landlord is unable to find a new tenant, and IF the landlord opts to pursue you in court over it.
    The sooner a new tenant comes in the sooner you are off the hook.
     
  5. Znil

    Znil Law Topic Starter New Member

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    Thank you for your reply. Yeah we unfortunately got ourselves into quite the mess with our landlord.. Thankfully my roommate was with me when she told us that with a 30 day notice, we could terminate our lease.. now she's trying to say it's not allowed (plus we do have that part that i listed in the lease). Needless to say very shady.. one of the many reasons were looking to get out. We are just hoping if it does go to court, that we have a good chance on being able to get out without penalty.. guess we just gotta hope for the best :/
     

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