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Ending a Lease Before It Begins
An-D
EnthusiastAshevilleRegistered User regular
EnthusiastAshevilleRegistered User regular
Okay, long story short, my friend and I signed a lease for a rental-thingie. The lease doesn't officially begin until July 1st, but because of personal reasons, my friend has to drop out and there is no way I can afford this place on my own, and there is no time to find a suitable replacement. So...its pretty necessary to terminate the lease.
Now, maybe foolishly, I went ahead and paid the first month's rent up front (only half normal rent - $300). We have not put down any security deposit money yet ($650/each). We put other money down at the very beginning (like $100 or something. That was suppose to go to security deposit).
My question is if it is okay to do this without any real penalty and is it possible to get my $300 back.
I live in North Carolina, USA.
Now, maybe foolishly, I went ahead and paid the first month's rent up front (only half normal rent - $300). We have not put down any security deposit money yet ($650/each). We put other money down at the very beginning (like $100 or something. That was suppose to go to security deposit).
My question is if it is okay to do this without any real penalty and is it possible to get my $300 back.
I live in North Carolina, USA.
An-D on
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If you signed the paper, you're stuck with it. Some places have agreements in the contract that deal with early termination. The last apartment I lived in that had this clause would charge $5,000 if you terminated it early. It's pricey, but read your lease agreement.
Other than that, there's not much you can do. Unless North Carolina has some weird tenant's rights laws or something.
xbl - HowYouGetAnts
steam - WeAreAllGeth
Get legal advice. Contracts are a minefield of language, and a lawyer would be a lot of help in decoding some of the language.
Second, just talk to your landlord. If he's understanding, you may be able to draft up an agreement to terminate the contract with no hard feelings.
Third, just get on finding a roommate. You may want to leave your expensive belongings with your parents, but it won't be all that difficult. Try Craigslist if need be (Actually I've found some really decent roommates through that sleazy bulletin board).
Thank you, Rubacava!
You aren't going to get your $300 back, because it's going to take the landlord time to find a replacement and he'll consider that his now.
Other than calling a lawyer about this, have you tried talking to the landlord? Explain your situation? I mean, that would kind of tip your hand if you're planning on lawyering up and getting out of it that way, but he may be understanding. Chances are, he won't though. He's a damn landlord :P
Really though, you should know what the length of this lease is. Were you sleeping when you signed this thing?
I was just going over a similar situation, also in NC. For a moment it looked like the terms of my lease were going to noticeably change right after I signed it and I began to prepare to terminate it. Thankfully it was all just an odd misunderstanding and nothing came from it, but within my lease there was pretty specific statements regarding what rights and obligations I would have as a tenant who wanted out of my lease. If I got it all correctly, basically I could give 30 days notice, and then afterwards I would be able to leave the lease but I would have to remain paying a value (I beleive roughly the amount rent was) monthly while the landlord continued to find a new tenant. Once the property became occupied, or my original lease term expired, I would no longer have to pay.
So, at least from what I gleaned from my lease, there wasn't a whole lot I could have done within the terms written. Granted, if your landlord is a half-decent human being, maybe it can all be worked out and you can explain to him the situation and everything can work out. Either way, it should be clearly specified within the contract you signed.
Also, when did you sign the lease? If it was really recently, your odds of just being able to talk to the landlord and walk away are much greater, simply because the property hasn't been off the market for a long time while they assumed it was going to be rented.
Here is the section on renewal and termination:
A) This lease shall continue on a month-to-month basis at the end of its initial term.
That is all I can find about terminating it. There are sections about defaulting during my time in the lease or reasons why he could evict us...but nothing else.
*Edit* And I have called the landlord. He is out for the day, so I've just left a message.
Thats how I'm reading it.
First thing you need to do is talk to the landlord. If you simply do not have the means to humanly pay this financial obligation, a landlord with a soul will keep the money you already paid and let you walk away. A slum lord or a property management firm may not be so forgiving, but all can be reasoned with on some level.
Now I'm out finding a place on my own. Thanks for the help guys.
Make sure that you get a copy of something clearly stating you aren't responsible for that year's lease, or "lost revenue."
Glad to hear this worked out for you.
Can trade TF2 items or whatever else you're interested in. PM me.
xbl - HowYouGetAnts
steam - WeAreAllGeth
we also talk about other random shit and clown upon each other
The was the same problem I had with a lease I signed but had to terminate. They usually spend the money you payed to readverise the opening, and hopefully it fills quickly. Otherwise you are usually locked into the monthly payments until someone leases it.
Good luck in your house hunting, and make sure you're sure of your situation this time