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I Am The Law! Car accidents, personal injury, defamation, libel, malpractice, fraud, bankruptcy, debt, lawyers, corporate law, criminal law, jail, police conduct, prison, employment laws, workers compensation, real estate law, divorce and family court, taxes, education, immigration, military law, insurance, trademarks and copyrights, traffic and driving laws, class action law suits, and more. All of these are welcome topics in this forum.This forum is not intended to be a substitute for professional legal advice. Always seek the advice of professional with any questions you may have regarding a legal situation. Never disregard professional legal advice or delay in seeking it because of something you have read on any web site, including this one. Fair warning: If you're stupid enough to post a confession it could be held against you in a court of law.

 
 
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 #1 
Old 2008-11-04, 15:36
Regular
 
Tallahassee FL United States
Default How do you break your lease?

I don't have my lease on hand at the moment but I was wondering what the usually process is when you break a lease and if there are any universal fees that go along with it.

My roommate sucks and the rest of us (the other 3 tenants) are wondering... if it came down to it... we could just break our lease and disband.

In our lease our landlord added that he would fix the house "within 3 months" of the lease being signed then initialed by it. Our move in date was Aug. 4th... Does that mean his 3 months are up and we could basically tell him we are moving out because he didn't fulfill that portion?

Our landlord is a nice guy so I really wouldn't like doing that but worse comes to worse, I'd like to know if it's still an option.

Not sure if this is the right forum. Mods, please move if necessary.
 #2 
Old 2008-11-04, 23:17
New Arrival
 
usa
Default Re: How do you break your lease?

You didn't provide all of the details needed to give a thorough answer, but:

When you break the lease before it has ended, your landlord's means of recourse will be (depending on the length of the lease) to take you to small claims court, to get reparations for the income he lost in your absence.

If you can convince the judge that your agreeing to the contract was contingent upon the "fix within three months", you should be free and clear.

But that's going to depend on what the "fix" was. If you had a creaky cabinet door you wanted corrected, the judge isn't going to be sympathetic. If it involved fixing the heating system, on the other hand, you're golden.

In small claims courts in the US, tenancy cases tend to favor the lessee over the lessor.

Nevertheless, if you can find someone looking for a place, your best option is to get someone else to take your place in the house and take over your share of the rent, so you can avoid all of this hassle.
 #3 
Old 2008-11-05, 03:07
Regular
 
Tallahassee FL United States
Default Re: How do you break your lease?

Quote:
Originally Posted by republic
You didn't provide all of the details needed to give a thorough answer, but:

When you break the lease before it has ended, your landlord's means of recourse will be (depending on the length of the lease) to take you to small claims court, to get reparations for the income he lost in your absence.

If you can convince the judge that your agreeing to the contract was contingent upon the "fix within three months", you should be free and clear.

But that's going to depend on what the "fix" was. If you had a creaky cabinet door you wanted corrected, the judge isn't going to be sympathetic. If it involved fixing the heating system, on the other hand, you're golden.

In small claims courts in the US, tenancy cases tend to favor the lessee over the lessor.

Nevertheless, if you can find someone looking for a place, your best option is to get someone else to take your place in the house and take over your share of the rent, so you can avoid all of this hassle.


Noted.

I guess I'll see how this plays out.
 #4 
Old 2008-11-16, 22:10
fuckhead fuckhead is offline
Regular
 
Default Re: How do you break your lease?

I broke my lease last year. Its pretty easy. Just get the papers sign it. I left my apartment because it sucked. So before you break it complain a lot. They usually wont sue you. You jsut have to pay a little extra.

- Cool peace out
 #5 
Old 2008-11-19, 21:27
Regular
 
NH
Default Re: How do you break your lease?

burn the fucker down lol
 #6 
Old 2008-12-22, 00:26
blake6969 blake6969 is offline
Regular
 
Default Re: How do you break your lease?

Without seeing the lease, it's hard to say, but based on what you have stated about the only defense you have is that the house was not "fixed" and this would ride completely on evidence that it was not fixed and what was defined as "fixed" when the lease was signed.

Otherwise, you always have the option of simply moving out in the middle of the night and changing your cell phone numbers. You may never hear from them again. Or it can go against your credit, but with an individual who knows. If they can find you, or if they can't...
 #7 
Old 2008-12-22, 23:46
DesertRebel DesertRebel is offline
Regular
 
Default Re: How do you break your lease?

Whose name is on the lease? If the guy whose being a dip about it is on the lease and yours isnt, just leave.

Make it his problem.
 #8 
Old 2008-12-22, 23:57
Regular
 
Tallahassee FL United States
Default Re: How do you break your lease?

Quote:
Originally Posted by DesertRebel
Whose name is on the lease? If the guy whose being a dip about it is on the lease and yours isnt, just leave.

Make it his problem.


We all are.
 #9 
Old 2008-12-24, 20:08
blake6969 blake6969 is offline
Regular
 
Default Re: How do you break your lease?

That is probably bad because then the landlord can go after all the other parties.

If you can afford it consider letting the fourth person out of the lease and the rest of you pay a third of the rent rather than a fourth. Costs more $ but may be the best solution.
 
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