Can I break my lease?

[Cono Este]

Moved here for some consulting work in march. It ended in Aug and I notified them I would be leaving dec 1st.

1.They did not market the home at all for a month until i called them again.

2.Two weeks ago I wrote as to why its not been shown once yet? They responded in writing they are showing another vacant unit identical to mine. They then told me they me they would cease any marketing and I was free to show it myself subject to their approval etc..

Now I cant even get them to put the add back up.

Total southern assholes as usual. Crooked place. The landlord is cool, and I am too old to stiff people, but im thinking about walking on the last 3 months.

[DirkaDirkaJack]

i think all the renting/lease questions in the padded room have all boiled down to this: you can stop paying rent and fuck over your landlord whenever you want, at no risk to you.

[hemas]

Depends,

On what the resignation time for your lease is on the contract. If you notified them in Aug that you'd be leaving on/before Dec 1st., then if the resign time is less than 3 months, you're in the clear.

[Cono Este]

I am not fucking over the landlord. Its a property management firm that specializes in fucking around with college kids. I think I owe it society to fuck with them a bit.

There is no resign clause in the lease. But I would expect they have to make some effort when i give them 8 months notice. And writing to me to tell me they are not showing my unit, but rather their empties, I think is bullshit.

[Danno]

State law plays a role in this, as do the terms of your lease, so it's hard to offer details. But yes, generally, the landlord has a duty to mitigate damages, in this case by attempting to rent it out. That said, if they have a vacant identical unit, I am not sure that duty requires them to attempt to rent your place and leave the other one vacant. Plus, the many months notice is mostly irrelevant, it's not like they could rent a place out for December 1st back in August.

You may want to consider advertising it yourself. Craigs list is free.

[Obstruction]

But I would expect they have to make some effort when i give them 8 months notice. And writing to me to tell me they are not showing my unit, but rather their empties, I think is bullshit.

No offense my man but why do you think a soulless entity who's single purpose is to generate cash would put your interests first?

Right now your apartment is producing income and the empty one ain't. If they re-rent yours it is still making money and the empty one still ain't. If they rent the empty one both units are producing income. And they have no interest in building a long term relationship with you so .....?

[Cono Este]

I made it available in July. 2 weeks notice i asked for.

I understand they want to fill empties before my place, they confirmed what I allready knew.I was too busy to really give a shit until I asked why it hasnt been shown.

Telling me that in an email though, i would figure shows no attempt to mitigate damages and in my opinion is asking for trouble.

Shall I give them trouble? These fat fucking southerners in their small towns deserve it.

[Pegleg]

If you break the lease, then they have a very easy contract claim against you (assuming that the terms of the lease and state law don't allow you to terminate with notice), which they can file in small claims court for almost no cost. You'll have the more difficult burden of proving your affirmative defenses of failure to mitigate (which, as Danno says, might be hard since they have an identical unit also empty). Plus, they'll sue you in the jurisdiction where they are, and it sounds like you're moving away, which means you'll be the one forced to pay travel expenses to come back and appear. All of which is just to say that you're not really the one fucking with them... you're handing them a pretty easy way to fuck with you, if they want. On the other hand, they may not care enough to pursue it. So, you can take that risk if you want, but I wouldn't think of it as "fucking with them."

Caveat: I don't know the particular state laws or lease terms, I'm not a lawyer in that state, this is internet chatter and not legal advice, so if you really want actual legal advice you should, I don't know... ask a real lawyer?

[Danno]

Telling me that in an email though, i would figure shows no attempt to mitigate damages and in my opinion is asking for trouble.

Shall I give them trouble? These fat fucking southerners in their small towns deserve it.

How does the form of the communication speak to the issue of mitigating damages? Absent a state law or lease term, they wouldn't have an obligation to tell you anything. They may have an obligation to mitigate damages, and in a legal battle they may have to explain to the judge why they did not advertise or show your place, but the fact that they told you in an email is irrelevant. The judge isn't going to say "well, management company, I see you only told him this in an email, and not till he asked, so clearly you're not doing anything."

And as pegleg points out, I'm not really sure what kind of trouble you'll give them, seems more likely they will give you trouble. Of course, you could skip town with no forwarding address, they'd keep your deposit, sue you, never find you, and get a default judgment against you. If that's your idea of giving them trouble, go for it.

[Brock Landers]

Why would they take the time to show it? Youre moving, you show it to cover the remainder of what you signed on for. After your lease expires its all on them. Until then its all on you.

Thats why places charge higher rates for month to month versus locking in a year-long agreement. One headache a year (and the chance of no income) versus month after month.

[Pegleg]

How does the form of the communication speak to the issue of mitigating damages?

I think his point is that the email is in writing, so it's easy to use as proof. As opposed to a phone call, where they could just deny saying it.

[Danno]

I think his point is that the email is in writing, so it's easy to use as proof. As opposed to a phone call, where they could just deny saying it.

Ah, I see.

But it still doesn't help him because there's nothing damning in that email (at least not based on what he has said). They have an identical place currently vacant, and his place is currently leased. Unless state law or his lease says different, they probably wouldn't be at fault for not trying to rent his place until the other one was rented.

[Cono Este]

Honestly I did not have time to notice what the jerkoffs were doing, nor do i care that much. I just take offense that they snapped back at me that they were not going to even try anymore in the latter part of the email. They are obviously just used to treating people like shit which i take offense to. I never asked them to stop advertising and now they have.


""We have been showing the empty unit at 1125 Southbend which is a mirror to yours. However, we will promptly discontinue our marketing of your rental unit and let you advertise the unit yourself. When you have a prospective tenant, please let me know and we will happy to do the application and qualification process.
Thanks ""

[Brock Landers]

Seems pretty easy though? Advertise on craigslist or whatever, and theyll take care of any suitable tenants' app and qualifying stuff?

Beats losing out on a deposit or termination fee or anything like that

[XXX-er]

I am not fucking over the landlord. Its a property management firm that specializes in fucking around with college kids. I think I owe it society to fuck with them a bit.

just remember that karma is a bitch

[neufox47]

There is probably a housing authority in your town / county / state. Contact them and ask what your options are.

In the meantime, bitch and complain about everything they are responsible for as much as possible. Send them constant emails reminding them that they are breaking the lease about some mundane maintenance issue. Make them spend money to have you as a tenant, then they may be happy to be rid of you.

At the end of the day you are fucking over the landlord. What do you think he gets paid if you don't write a check?

[Cono Este]

just remember that karma is a bitch

I am a landlord. Coincidently I had a tenant inform he would leave early in the same time period. I did the work, found another tenant and made sure I documented my efforts for his reassurance. He lost 17 days vs. 5 months. It takes work.

If this thread can serve any intended purpose I think it is the following:

Do not lease from a property management group. With an inventory of open houses to rent, they never have any incentive to find another tenant if you have a valid job transfer, loss of job etc.. nor will they approve any prospect I bring them because they want the commission. They also probably have a lawyer on retainer and dont give a shit about people skipping out. They just sit on their fat asses and point the finger.

I'll say it again, I like the landlord, I am paying him. But the prop group leeches deserve a headache.

[XXX-er]

well your post is starting to make more sense to me ,often these money /lease/ mortgage/RE threads use differnt terms ...different country eh?

In any case I never bothered with leases cuz once somebody wants to leave they want to leave SO good luck trying to get more money out of them SO as the LL I have always just rented out month to month ,AND if I was the renter it has always been month to month

I was a good LL but still I got some asshole trying to leave without proper notice ... it was a good thing to be rid of them