Lease agreements

ronzo

I live in Florida, and live in a apartment. I signed a lease last august that run to this august. Me and my 2 other room mates signed a new lease back in February to get the apartment for another year, with the new one taking effect when the old one expires.

What I want to know is, is it possible to break such a contract if it hasn't gone into effect yet without incurring any penalties? The second lease agreement seemed to be exactly the same as the first, so its not like a placeholder agreement or anything.

I would rather not go into specifics about the situation and just want to know what kind of stuff i should expect trying to break it. I'm not going to go into why, I'm sure most of you can guess why, this is more of a last-case-what-if scenario

feel free to ask for more info not relating to why I might plan on breaking it.

MurphysParadox

Well, that's going to be all kinds of Florida specific. One good option that will be guarantied correct (or should be and, if it is and it fails, you can sue) would be finding a lawyer in the area who supports apartment lease law and hire him for an hour or two to look into the question. Alternatively, you may want to find a forum more specific to your state/city.

ihmmy

you should also ask your landlord what happens if you do break it... if they ask why, just say a friend invited you to live with them and you were just wondering what would happen, etc. Some landlords are ok. Some... aren't

Daedalus

If you already paid the security deposit, you're probably fucked.

If you didn't, you still might be fucked; ask the landlord.

Usually what will happen is you will lose whatever money you already paid the landlord. Sometimes it will be worse; check your lease that you signed.

Lord Yod

In California there are lots of ways out of it, especially if you have some time to plan it out ahead.

However... you should have a copy of the lease, and that should say on it the penalty for breaking it.

Daenris

You can also try to find local tenant's rights organizations (most bigger cities probably have them, other smaller places may as well). As has been said it's going to be very region specific usually. What's worked with me in the past is that anytime I needed to break a lease I ended up finding someone else to take over the lease. Most landlords will be okay with this because at least they have someone in the apartment without having to try to find someone else themselves.

In Chicago and suburbs, if you inform your landlord that you intend to move out they are supposed to make an attempt to find a tenant to replace you in the apartment. If they don't even try that is legal grounds to break the lease. This is actually what a tenant's rights organization there does when contacted. They will go in undercover to your landlord looking for an apartment, and if they don't get shown your apartment they use that as reason to break the lease because obviously your landlord is not attempting to re-rent your place. Obviously whether or not this is true or even similar in your area depends on local laws.

Read over you lease as well. There should be some information in it about breaking the lease -- though keep in mind this may not describe your only options, or even be correct/legal in some leases.

Monolithic_Dome

A little strategy advice: First, figure out whether or not you are entitled to a "free out" via the lease contract or local laws. Note: this will be a lot easier with a lawyer. Are you in college? a lot of schools arrange a set time (like a few hours a week) where students can talk to a lawyer for free.

Anyway, if the contract gives you a right to end the lease free of penalty, talk to your landlord and calmly but firmly explain that you are exercising said rights. If (s)he balks, talk vaguely about "my lawyer." Be prepared to take this to small claims (or at least prepare the paperwork)

If you don't have any legal recourse, then you are essentially asking for a favor. So you are going to have to be a lot nicer. Don't make it seem that you have legal options when you don't, that's only going to piss your landlord off. You want to be seen as a nice guy (that one would want to do a favor for). If you can arrange for someone else to offer to take over the lease, so much the better.

Ardor

A word of caution. Regardless of which way you go, I'd recommend asking your landlord the question, but make sure you get the answer in writing.

It is very easy for them to go back on their verbal word, which you cannot prove, if they have an issue filling the room or want to screw you over. Thus, if you have something in writing, that's a first step. This doesn't mean you shouldn't check the local or state laws on this, but it does help you if anything happens once/if you 'break' the lease.