In a lease currently. Been so since 7/2012. Signed a 3yr lease to terminate 7/2015. Wife got a new job, have to re-locate to Roanoke VA by Jan 1 2014. Called the landlord on 11/1, gave her 60 days notice of termination. She seems fine. Get an email today, says that we are responsible for rent until either A) The home is sold (she has it on the market), or B) 7/2015.

Now, obviously she has given us no option to terminate the lease early, or anything of the sort. She's selling the home, so now she can market it without having to disclose that. She obviously wants to keep the home leased with us, while she can sell it without having to disclose that it's leased.


Now, with all that, everything I can find in the lease supports what she says. What I can also find is where she is in breach of contract several times for these reasons;

Lease says landlord will provide pest control, we have it in writing that she wont.

Lease says all appliances will work properly. Icemaker and hot-tub is not functioning, we have this in writing as well.

Her ex-boyfriend (she now has restraining order) is on the lease.

Shown the home (for sale) within the last 30 days of the rental term.

We had to clean the home from the last tenants, when the lease shows that it is her responsibility.





Question is, what do we do now? Do we point these things out to her, and offer to help her re-lease the home. Do we try and hire an attorney and take her to court? Do we even have an option? We obviously cant afford both rent and a mortgage, and dont feel that its fair we have not even been given an option to terminate the lease early.

11/5/2013 5:03:22 PM

That is why I would never sign a three year lease. It should be spelled out in your lease agreement what the terms are for early termination, I doubt you can use her other screw ups as a get out of your lease deal but I am definitely no lawyer. I would ask her if you could at least get someone else to take over the remainder of the lease. You might have a way out though that I am not aware of.

11/5/2013 5:13:03 PM

I would lawyer up, I think you have a good shot at getting this lease terminated. I may be wrong, but I think you might be able to break the lease and just forfeit your deposit.

11/5/2013 5:29:12 PM

Short answer: you are on the hook for the remainder of the lease or until the residence is rented to another tenant. The landlord is required by law to make a reasonable effort to rent the residence to other tenants once you move out. The things you are claiming breach the terms of the lease may mitigate the amount of money you owe the landlord (this is called rent abatement) but they aren't going to invalidate the lease entirely.

11/5/2013 9:15:33 PM

Why the hell did you sign a 3 yr lease?

11/5/2013 10:37:30 PM

^^this
^this
this

11/6/2013 8:21:34 AM

Get advice from a lawyer who can sit down and read the lease and all communications, and will know what other laws apply and how they do. There are things that are binding to both parties that never have to be written down, and things that can never be binding no matter how many times they are written down.

Don't sic the lawyer on the landlord unless you have to, just use the lawyer for sound legal advice. The best bet is a mutually agreeable solution between you and the landlord. Other options will end up taking time, making a big mess, and possibly costing as much or more.

I had a really awful experience with a place I rented in Cary (bugs, bad wiring, funny smells, unrepaired appliances, leaking roof, mold). After discussing the situation with a lawyer via student legal services, I used some of the words they suggested, and the Landlord and I both agreed it would be best for me to GTFO, no hard feelings. The general understanding I had was that maintenance issues were rarely cause, by themselves, for a lease to be terminated, and would typically only get there after a prolonged and escalating scenario. Maintenance _can_ be cause for rent abatement and other monetary judgements, but that takes time and legal work, and probably doesn't encourage the landlord to let you go.

Oh, and 3 years? Why on earth?

11/6/2013 8:59:14 AM

Quote :

"Short answer: you are on the hook for the remainder of the lease or until the residence is rented to another tenant. The landlord is required by law to make a reasonable effort to rent the residence to other tenants once you move out. The things you are claiming breach the terms of the lease may mitigate the amount of money you owe the landlord (this is called rent abatement) but they aren't going to invalidate the lease entirely."

This. If you want to be proactive about it, you can offer to help her find replacement tenants. I know that technically it's her responsibility to find new tenants, but it's in your best interest to have the place rented by January. If I were you I'd get on that shit ASAP, because there aren't going to be a lot of people looking to move around the Holidays.

11/6/2013 11:03:04 AM

Brandon, you seem like a nice enough guy, but you manage to find some crappy situations. here's hoping Roanoke treats you better

11/6/2013 11:28:53 AM

Quote :

"^^this ^this this"

for some reason, I find the final "this" here to be totally fucking awesome.

11/6/2013 3:18:35 PM

like everyone else basically already said, state laws are going to vary, but usually they won't be enforce the no subleasing requirements if they're unreasonable, allowing you to find a substitute renter (usually it will say something like "cannot unreasonably withhold permission to sublease). but otherwise, i mean dude, you signed a three year lease. is there anything in the lease document that discusses your options if you want to vacate the property early?

11/6/2013 3:28:36 PM

I can give you an example from my personal experience. I signed a 1 year lease on an apartment in Cary. 6 months into the lease I got a job offer in Greensboro so I had to move. The apartment manager gave me 2 options. I would either be on the hook for the monthly rent of the vacant apartment until they found someone to fill it, or I could find someone to take over the remainder of my lease. Of course if I found someone to take over the lease, they would still need to go through the normal application process with the apartment complex (background check, credit check, etc.) before they would be allowed to take over my lease. I posted an ad on Craigslist and had the apartment filled within a week.

But then again, this was in the early days of Craigslist before it was 90% scammers. I also lucked out and found a guy that had only needed a place for 6 months as he was doing short-term contract work in RTP. You'll probably have a tough time finding someone willing to sign an 18 month lease, especially if it's known that the house is on the market.

[Edited on November 8, 2013 at 8:38 AM. Reason : a]

11/8/2013 8:31:54 AM

https://www.mint.com/blog/housing/5-ways-to-break-a-lease-1113/

Quote :

"We just ended peak moving season (May 15-August 31), a time when more than 65% of the year’s moves occur. Although you may have just spent months planning and preparing to move in to a new home or apartment, sometimes life throws a curve ball and you have a sudden need to get out of that lease you just signed. Even if your reason feels valid – landing a dream job or a surprise pregnancy that causes the need for a larger space – your landlord will likely not let you out of the lease without penalty. However, there are sometimes loop holes to get around this. Unpakt, a comparison pricing site and online booking tool for consumers searching for a reputable moving company, has provided five helpful tips if you really need to move (again!): Find Something Wrong Depending on how thorough your landlord and/or leasing company was, this might prove an extremely difficult task. If your landlord has always fixed problems promptly, and you have no documented complaints, then even your lawyer may tell you there is no way you are getting out without penalty. However, if he promised to install a fence last summer, add more insulation before the winter, or get you new carpet and never followed through, then you may have a case. If you have had problems with a neighbor being disruptive and the landlord has done nothing to intervene, you may have a valid reason that will hold up in court. Obviously, if there is something seriously wrong with the property and the landlord has not fixed it, then you have the legal right to vacate without penalty. Review Contract for Termination Clause If you are not comfortable reviewing your lease, contact someone at your local tenant’s rights organization or local legal aid office. You may be panicking for nothing. Many landlords today add an early termination clause in their lease to make it fair for the tenant; this decreases the risk of dealing with a huge surprise when they find a tenant simply vanished. Your lease may allow you to terminate with a 60-day notice for job relocation, major life change, or if you need to become the caregiver of a loved one. Sublet Subletting is not always an option, but it may be. If your lease specifically says you cannot sublet, do not bother trying. However, if you’re allowed to legally sublet, make sure you find a tenant you can trust because you are still legally responsible for the property. You’ll want to make sure that your tenant pays on time, so you can pay the landlord (tip: make their rent due on a mid-month day to ensure you have it in time). An exception to you subletting and organizing the new tenant yourself may ocur if your landlord allows the new renter to apply, pay a security deposit, and sign their own lease. Be Honest Your landlord may not be pleased that you are breaking the lease, but if you are honest about the reasoning and give them ample notice, you may be able to come to an agreement regarding fees. Besides, if you give 60 days and allow him to show the apartment and he is able to find a renter then he may not charge you extra fees. Unfortunately, you may have to kiss your security deposit goodbye no matter what. Pay the Fees If you have tried everything you can think of and your landlord is still being unreasonable then you can stay and deal with living there until the lease is done, or pay the fees he is requiring to terminate. Some contracts may have it clearly stated that penalties will not exceed 60 or 90 days of rent, however some may require you to pay the full balance. In this case, splurging a little on a lawyer may be in your best interest. “Top 5 Ways to Break a Lease” was provided by Unpakt.com Unpakt is a comparison pricing site for consumers searching for a moving company. Offering a platform where consumers have access to pre-screened movers, consumer reviews and exact price quotes rather than estimates, Unpakt brings transparency to an industry that has previously been known for its uncertainty. Unpakt is THE next big thing in the moving industry."

[Edited on November 8, 2013 at 10:14 AM. Reason : .]

11/8/2013 10:13:49 AM

Like most lists on the internet, ^ is a bit over-reaching, general, and a little wrong.

Most specifically, NC expressly forbids the non-payment of rent by the tenant over maintenance or repair issues. You can get a rent abatement, but this is a court/legal settlement that happens after the appropriate process, you can't just do it on your own. Get a lawyer, have them go over your lease and communications, and then tell you what they mean in light of local law.

11/8/2013 3:55:45 PM

3 year lease, was a great discount at the time and we had no intentions of moving for 3yrs...now not seeming like that was a good idea

We hired legal council. Advised us that she legally has to "provide a reasonable attempt at re-leasing the property". Basically, she cant just try and sell it and keep us on the hook until it sells. She legally has to attempt to re-rent. After that, we are off the hook.

We offered to help her re-rent, she's not biting

11/8/2013 6:12:57 PM

Well sure, it limits the ability of her to sell the property to homeowners in addition to investors, if there is a year lease in place. If she was smart, she would say give me three months rent, and there will be no hard feelings, lease is done. Then she's got the flexibility to unload the property to whomever.

11/8/2013 10:25:17 PM

If she was smart, she'd get someone in on a three year lease to provide income during the shitty housing market, and then not have to worry about selling until prices come up.

11/10/2013 12:13:19 PM

Negotiate whatever you can. Anything they'll agree to is fair game.

They MUST mitigate their damages. And if you mitigate the damages for them by finding a replace tenant, then you may be out nothing. However, even if no new tenants ever show up, no judge is going to give the landlord a year of rent in damages. The landlord should know this, and if you offer a bunch of notice and several months rent upon vacating the property, no court will rule in their favor for more.

11/10/2013 4:20:50 PM