Apartment Lease Advice

Does anyone happen to have any advice for me regarding breaking my lease?

Here's the story... My husband and I have lived in an apt since 8/2007 and re-signed the lease in 8/08 (consequently it goes until 8/09).   We also are about to buy a house with a closing date of 3/27/09.  We were okay with paying double rent/mortgage payments for a few months, until we found out that addendums are available that make it so that you can get out of your lease if you buy a house.  I feel that this is unfair for the following reasons:
(a) we were never made aware of these addedums - shouldn't everyone be made aware of these options??,
(b) I have two separate conversations with two separate employees of the apt complex about the fact that were going to buy a house (one happened before signed the lease) - why didn't they tell me this was available???, and
(c) the addedums are apparently only added if resident's ask for them - I could probably call them on a daily basis and ask for various addedums (is there an addedum for getting out of a lease if you're sick?  how about if you lose a job?  how about if your neighbors become too annoying).  This to me, seems to discriminate against the people who have little interaction and/or are not friends with apt complex employees. 

So, here we are, me a full-time worker and full-time student, and my husband works 50+ hours a week.  We don't have time to make friends with apt complex people.  If we had any idea such an addedum was available we would have asked for it.  The employees had every opportunity to inform us, but apparently we did not explicitly ask for it.

Do I have any ground to fight this? 

Please share your legal and non-legal expertise with me!

(PS - Yes, I know, CC is not a good place for legal advice.  I'm just looking for any advice as I know this is a very supportive community!)

if you haven't actually moved out, then you haven't actually terminated your lease - why can't you still get the addendum?

Apparently it has to be added at the time you sign the lease.  Note:  We had the coversation about buying a house immediately prior to signing the lease.  She just nodded her head and said 'ok' when we told her about our plans.  (Can you tell I am irritated?!)

If it was made available to others but not made available to you then I would think that you would have grounds to sue. (This sounds like discrimination to me.)  They may prefer to settle rather than go to court but if they go to court you should be able to get the rent and lawyer fees refunded.  However, do not default on your rent payments.

Edit:  I am not a lawyer nor do I play a lawyer on TV.

How in the world are you supposed to ask for an addendum to be added to your lease if you don't know it's possible? If you told them at the time of lease signing that you were planning on buying a house they should have told you that. Have you talked to the highest-up person you can? Just explain to them that you didn't know it was possible, and that you had mentioned it to the leasing agent and they failed to tell you the addendum was available.

If they are stubborn and refuse I suppose you could sue them but it just sounds like a pain in the ass. And as Tom said, don't default on your payments.

I don't believe it.

I'm sorry. I'd go as far as to say someone was jerking you around because you aren't liked, Lol. I don't think this is something you'd win in court though. You'd just end up with a hassle/pain. Especially, if you decided not to continue making payments. I've lived in different communities and normally it's on need to know basis. Once a lady in an office told me that we had to give x days notice. Even though were on a monthly lease at that point. We hadn't been informed even though I'd expressed to them we were moving. That's why I'd opted to go with the monthly instead of new lease. We'd informed them when setting up the new monthly paperwork we'd be leaving soon. They just nodded along ect as if that would be fine... Do it whenever... whenever. :) 

  Some people simply aren't as likeable/charismatic so they receive the paper trail treatment.  I don't want to sound like the little woman... But... It may be in your best interest to let your husband attempt to deal with it. My husband had a 10 min talk with the lady and everything was taken care of pronto. I strongly suggest that you pay attention to the tone you set. Regardless of whoever talks to the leasing manager. The story or way you're expressing the need may not be received well otherwise. Speak to whoever is actually incharge of the ultimate choice if you haven't. Don't sound like a victim of circumstance, ect. Sound like a mature adult that wants to make an agreement to deal with this correctly. Tell them in a nice way you're okay with paying whatever fee needs to be paid and give notice. That you're an adult and have no plans of just jerking them around. That you want to do things right by them, ect.

There may be a fee that you'll have to pay in addition to notice ( The notice is normally like 60-90 days. However, you can usually waive the length of days if you find them a new tenant to take your apt.) I've never heard of it having to be within the lease you signed. The notice is how they usually try to trip you up, Lol. They don't tell you about that sometimes. :) " Okay. There ya go. You're on a monthly. " Then you assume you can leave the last of any month. Nupe! LoL! We'll you can but not without paying them for the next duration of your lack of notice.

trhawley & hayleyjayley - that's pretty much exactly what I was thinking.  No worries about defaulting on the payments, we're prepared to pay both rent and mortgage for three months if need be.

enchantingimage - that's not what I meant to imply (despite the fact that that's how it may sound).  All I meant if the probability of learning about the addedum is strictly a function of the amount of time you interact with the apt managers (the more time you spend with them, the more likely you are to learn about it simply due to the fact that it will be more likley to come up in coversation the more you talk) makes it unfair for those people who don't interact with them a lot.  I am more than willing to give them a 60-day and forfeit my security deposit, and more than willing to negoiate about it.  I just don't think it is my fault for 'lack of notice'.  IF it said in my lease some obsecure line like 'if you are planning to buy a house inform the office', then yes - totally my fault, I take complete blame.  But, it is not listed anywhere (and trust me, I have searched) so I do not think it's my fault.  As I said in the orginal post, I was fine with double payments for awhile because I know that it's my fault for signing the lease and agreeing to the closing date.  What I am not fine with is an addedum that is available to some but not others. 

I would say, did you tell them that you are planning on moving out within the terms of the lease? Did you ask them for options?

Unfortunately, I don't think they are legally required to inform you of the addendum.

It isn't fair that some people are treated differently than others, but unfortunately, as I'm learning everyday, that's just the reality. They have more invested in the people they are closer too.

I broke a lease 8 months ago because I THOUGHT that my lease was up one month sooner than it actually was and didn't have a copy of the contract. They told me I owed them three times my rent AFTER I moved out. Basically, it slipped through the cracks until it came time to return my security deposit. I took it all the way to the owner of the complex, and he promptly had them return my money and told me I was welcome back anytime. I would try to talk to who you need to talk to in order to make things happen.

Good luck!

I'd talk to the leasing manager again and try to negotiate an agreement. There should be some form of agreement with notice they'd agree to regardless. You'll have to do more than forfeit your security deposit though,imo. There is an  X amount with X  days notice in addition to forfeit of your security deposit. The fee to break your lease is usually a thousand or more...  They'll come after you with creditors ect to receive the amount you would've paid within your lease otherwise. ( Plus: additional charges for the cost to them to obtain their rightful money. They might ruin your credit/renting history also. ) That's why it's usually a big savings even though you're paying out a large fee to break your lease the right way. They haven't suggested a large fee plus an additional x days of notice? / or finding replacement tenants?

Our options are (1) pay-out the lease, which is the equivalent of the total amount of rent due between now and the end of the lease, (2) get a subleaser - which my husband would never agree to because we'd remain legally responsible for the unit, or (3) keep the lease.   Breaking the lease would result in option #1 plus their legal fees.  So, essentially we could try to talk our way out of it or submit to #3 (because we don't have the money for #1 laying around).  Drat!

Original Post by lalalexi:

 

Unfortunately, I don't think they are legally required to inform you of the addendum.

 ^ Sounds about right, Lol. It's usually on a need to know basis... So you have to question yourself. Then question what could be/ may be future need to knows! Haa.

It isn't fair that some people are treated differently than others, but unfortunately, as I'm learning everyday, that's just the reality. They have more invested in the people they are closer too.

 It's true. In addition to that some people just aren't received well. Sometimes we unintentially rub people the wrong way. The tone in which we set can have a huge impact. That's why I was suggesting having your mate if he's more charismatic doing the talking/negotiating. :) Sometimes a different persons tactic of expressing things helps. Best of luck!

Original Post by alle0299:

Our options are (1) pay-out the lease, which is the equivalent of the total amount of rent due between now and the end of the lease, (2) get a subleaser - which my husband would never agree to because we'd remain legally responsible for the unit, or (3) keep the lease.   Breaking the lease would result in option #1 plus their legal fees.  So, essentially we could try to talk our way out of it or submit to #3 (because we don't have the money for #1 laying around).  Drat!

  Option 2) Have you asked them about finding replacement tenants that assume the responsibility for the unit? They may be assuming that you can't find someone that would be willing. That may be something you could change if you find replacement tenants that agree.It may not be so difficult to talk the Leasing Manager into letting them begin their own fresh lease. It would be worth a try. Have you suggested those terms? It might amount to more money for them anyhow since the newbies would start a longer lease. Or: If they would agree to stay throughout the duration of your lease plus an additional term.

Original Post by enchantingimage:

Original Post by alle0299:

Our options are (1) pay-out the lease, which is the equivalent of the total amount of rent due between now and the end of the lease, (2) get a subleaser - which my husband would never agree to because we'd remain legally responsible for the unit, or (3) keep the lease.   Breaking the lease would result in option #1 plus their legal fees.  So, essentially we could try to talk our way out of it or submit to #3 (because we don't have the money for #1 laying around).  Drat!

  Option 2) Have you asked them about finding replacement tenants that assume the responsibility for the unit? They may be assuming that you can't find someone that would be willing. That may be something you could change if you find replacement tenants that agree.It may not be so difficult to talk the Leasing Manager into letting them begin their own fresh lease. It would be worth a try. Have you suggested those terms? It might amount to more money for them anyhow since the newbies would start a longer lease. Or: If they would agree to stay throughout the duration of your lease plus an additional term.

Yup - tried that.  It's a no go :(  Which is very odd to me, I would think that they'd be all for having someone sign a new lease because they could probably get a year renter out of the deal.  The whold thing is very odd to me (but then again I am not a business owner so I probably don't know the half of it).

I should probably just let it go and suffer the consequenes of my own actions.

Original Post by alle0299:

Original Post by enchantingimage:

Original Post by alle0299:

Our options are (1) pay-out the lease, which is the equivalent of the total amount of rent due between now and the end of the lease, (2) get a subleaser - which my husband would never agree to because we'd remain legally responsible for the unit, or (3) keep the lease.   Breaking the lease would result in option #1 plus their legal fees.  So, essentially we could try to talk our way out of it or submit to #3 (because we don't have the money for #1 laying around).  Drat!

  Option 2) Have you asked them about finding replacement tenants that assume the responsibility for the unit? They may be assuming that you can't find someone that would be willing. That may be something you could change if you find replacement tenants that agree.It may not be so difficult to talk the Leasing Manager into letting them begin their own fresh lease. It would be worth a try. Have you suggested those terms? It might amount to more money for them anyhow since the newbies would start a longer lease. Or: If they would agree to stay throughout the duration of your lease plus an additional term.

Yup - tried that.  It's a no go :(  Which is very odd to me, I would think that they'd be all for having someone sign a new lease because they could probably get a year renter out of the deal.  The whold thing is very odd to me (but then again I am not a business owner so I probably don't know the half of it).

That's a bummer. :(

I should probably just let it go and suffer the consequenes of my own actions.

 Tell your hubby that beggers can't be choosers,Lol. Sometimes we have to take potential risks.  A subleaser wouldn't be all that bad if you were to find a suitable person. I wouldn't suggest that you just go about making it an option for just ' anyone. 'Lol There is a logical way to go about it by asking good friends though. One of your good friends may know someone that is honorable that would be perfect for it. :) 

We've let friends of friends housesit for us before while away, ect. However, that has a lot to do with ' knowing ' said friends standards for their friends. We didn't know them whatsoever. They had terrific people/friends vouching for their character and suggesting them though. Lol! (If there is nobody you can trust I wouldn't hop aboard the train either... though.) Just a suggestion: Any good friends that you trust enough to vouch for a subleaser?

Yea - I have several people I'd trust to vouch, but none of them know anyone.  I sent out an email begging last week.  I think it's just a bad time of year considering my apartment is very near a college university (everyone wants out - not in).

It totally and completely depends where you live. Look up your local renter's laws, it will be in there.

Some cities give renters lots of rights, some don't. If you lived where I do, you would have the option (if your landlord agreed) to find someone to take over the remainder of your lease. However, the landlord could legally say no, and is at no obligation to help if you could not find someone.

Also, check on your renter's rights. I know here that the landlord is REQUIRED to give you a printed copy of the landlord-tenant act when you initially sign the lease. (yes, all the legal jargon and city code) If there is something like that in your city, it would definitely have to state all this about the addendum. 

I would suggest consulting a lawyer to talk and see...might cost you a little, but could save a lot.

AWHHH!  No advice but just a big hug!  You guys don't deserve this at the beginning or your married lives.  But you have been so strong all these months, use all your weight losing strengths to solve this.  Be persistant, stay in their faces, be insistent, all with a smile of course, but don't let them mess with you.

Good Luck sweetie.

Check and see if you have a local rental housing mediation office.  They should be a bit better prepared to advise you of your rights.  A lease does not negate the landlord's legal obligations to you although it depends on the laws of your city/county/state as to what you can and cannot sign away in a lease agreement.

I would certainly discuss it again with the apartment manager and perhaps contact your local newstation and see if they might be interested in running a human interest story.  At least if you're stuck paying you'll have the satisfaction of knowing that other potential leasors have been warned about the company in particular and the potential addendum to ask for.

Thanks for all of your input and support!

My school's legal service referred me to my city housing service and legal aid society.  I'm going to check that out while my husband tries to sweet talk the owner.

I love the idea of contacting a television station - but am scared to death to be on TV.  Maybe I will contact our local NPR station, this sounds like a story they'd run now...

Finding someone to sublet is the best solution.  Additionally, you could simply look for a new tenant to sign a new 1yr lease before yours runs out (most places would terminate your lease in exchange for a new 1yr tenant). 

If you inform your apartment complex that you plan to break your lease, they have a legal obligation to mitigate damages by finding another tenant.  For example, if you sign a 12-month lease and need to break it after two months, the landlord is obligated to expend reasonable efforts to find a new tenant.  When these matters go to court, the tenant who breaks the lease is usually only responsible for those months that the unit was vacant that are the average amount of time that it takes for a similar unit to be filled.  Since you are vacating only four months early, you may not get much of a break on this, depending on where you live.  In other words, in the above example, in a high-demand area, the landlord could never get 10 months of rent from the tenant who broke the lease if the case went to court -- one month would probably be the maximum.