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My leasing office want to charge me $3,200.00 for leaving my…

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My leasing office want to...
My leasing office want to charge me $3,200.00 for leaving my apartment early and breaking the lease. It is equivilent to two months rent. I am going through a divorce and also get treated for depression and low serotonin. I find it completely ridiculous that I am being manipulated this way. Also they mis-represented how I could get out of the lease. They first told me that is was Ok for me to move when I told them I was going through difficult times. Now they say the only way is to add someone else as a roommate and then have the roommate drop me. They led me to believe I could place an ad and find someone to transfer the lease to. It would be unhealthy for me to stay. My spouse already left. Don't I have rights as a tenant to break lease without fees under this life changing events?
Submitted: 6 years ago.Category: Landlord-Tenant
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Answered in 7 minutes by:
3/1/2012
Lawyer: Ellen, Lawyer replied 6 years ago
Ellen
Ellen, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 36,715
Experience: 25 years of experience helping people like you.
Verified

WebLaw :

*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

WebLaw :

Welcome to JustAnswer,
I am the expert that will be assisting you today. Thank you for your question.
If my answer is not clear to you or does not fully answer your question, please ask me for clarification by using the reply button.

WebLaw :


In the absence of a provision in your lease to the contrary, you would be subject to damages for the early termination of your lease but not necessarily the full balance of the payments. Unfortunately this is true regardless of the fact that you are going through a divorce.

Here is why.
A written lease encompasses all terms of the leasehold agreement. Verbal representations are typically not considered.
However, in Virginia, the landlord has a duty to mitigate his damages resulting from early termination of a lease. This means that the landlord must use reasonable efforts to relet the property. In the event he is not able to relet the property, you will remain liable for the total amount of the lease payments. In the event the landlord is able to mitigate his damages and relet the property, you will be liable only for any shortfall between the new tenants lease and your lease.

Customer:

Many thanks for the valuable info. I've signed papers with them as well to move to another unit. As a tenant and my circustances I truly believe they do not take me seriously or my medical condition. One time the a leasing agent event sat in the parking lot all night and yelled out things at me like something from a peanut gallery at a shakespeare play.

WebLaw :

How terrible.

WebLaw :

I wish you the best of luck in this difficult situation

Customer:

Thank you

WebLaw :

It has been my pleasure to work with you
Thank you in advance for remembering to click accept. If you experience difficulty using the accept button, please let me know as JustAnswer pays me for my time only if the "accept" registers..
Please let me know if I can assist you in the future by requesting me directly.

Ellen
Ellen, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 36,715
Experience: 25 years of experience helping people like you.
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Ellen and 87 other Landlord-Tenant Specialists are ready to help you
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Customer reply replied 6 years ago

The interesting thing to me is that they are always very prompt on their notices of possible eviction and prosecution of not paying rent via online with a routing number and a checking account number. This month nothing on the door and it is March 08th. So I must just have faith and trust in that everthing on their ledger will be satisfactory to them in the end of this long overdue divorce my leasing company.

Lawyer: Ellen, Lawyer replied 6 years ago

I understand and empathize with you.

Do you need any further information
Ellen
Ellen, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 36,715
Experience: 25 years of experience helping people like you.
Verified
Ellen and 87 other Landlord-Tenant Specialists are ready to help you
Ask your own question now
Customer reply replied 6 years ago
Yes I am interested in suing Archstone for invasion of privacy. How involved is the legal process? I am tired from their harrasment as it is?
Lawyer: Ellen, Lawyer replied 6 years ago
Thank you for your new question. So sorry or still having difficulty with Archstone. In what way was your privacy violated?
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Customer reply replied 6 years ago
That is something that I cannot even answer because it has been violated so much. Will feel safe enough with family member house. as much as that stinks to have to live with family. James Harreslon, my great uncle, was state senator and good lawyer too of South Carolina. He past away however there's other family member who can help me. So looks like am taken care of.Thank you

Darius
Lawyer: Ellen, Lawyer replied 6 years ago
I am glad you are able to resolve your difficulty. Please let me know if you need assistance in the future
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Customer reply replied 6 years ago
they have just now sent me a legal action document to not talk to anyone in the management office or send them any emails. the action also included notice of default of my lease which is not due to expire until june i think.

however i am working with the law office that the management filed the claim and/or report against me. this particular claim was in reference to some random sentences of a sexual nature intended to be read by the chicks and women at the leasing office.

Although i do not agree with the "offensive" decription in the legal documents. I complying and working with the "new conceirge" office which is not really one in reality. Because of the default I am asked to vacate by April 19.

I offered a counter offer since potentially i could be sued for balance which is end August? is that correct ? I meant do i really have to pay that much? I only have $400 in my bank account.

Lawyer: Ellen, Lawyer replied 6 years ago
Sorry to hear that you are still having problems regarding your lease

It is possible to be sued for the balance of the lease term. However remember the lessor does have a duty to mitigate his damages as we discussed in a previous Q&A. The landlord must take action to try to relet the property and thereby reduce the losses that result from the early termination of a lease.
Ellen
Ellen, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 36,715
Experience: 25 years of experience helping people like you.
Verified
Ellen and 87 other Landlord-Tenant Specialists are ready to help you
Ask your own question now
Lawyer: Ellen, Lawyer replied 6 years ago
Thank you so much for the generous bonus. I do appreciate it
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Customer reply replied 6 years ago
well I am not able to buy you a drink so figured the bonus would be good. going through separation with wife so have to be careful and not really sure.
Lawyer: Ellen, Lawyer replied 6 years ago
Thanks again

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