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I have a question on breaking our lease. We signed a lease…

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I have a question...

I have a question on breaking our lease. We signed a lease for 1 year for our current apartment and because my husband is getting a job transfer, we have to move out of state.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

The apartment complex has asked us to pay 2180$ for breaking our lease.

Lawyer's Assistant: Has any paperwork been filed?

We are currently in Missouri and we are moving to Alabama. But we gave 60 days of notice.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We did sign the contract with apartment authorities which said that if we break our lease we have to pay them but I have spoken to other people and they advised, job transfer is considered as an exception. And we should not be hold liable.

Submitted: 7 months ago.Category: Legal
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Answered in 1 minute by:
11/29/2017
Lawyer: Loren, Attorney replied 7 months ago
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 38,766
Experience: 30 years experience representing clients.
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

WHILE WE ARE CHATTING DO NOT CLICK ON THE BUTTON TO REQUEST A SECOND OPINION. IT WILL LOCK ME OUT OF THE CHAT AND PREVENT ME FROM REPLYING TO YOU.

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Customer reply replied 7 months ago
Hi, we can chat here.
Lawyer: Loren, Attorney replied 7 months ago

Do you have a provision in your lease for early termination?

When does the current lease expire?

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Customer reply replied 7 months ago
The current lease expires in June 2018.
Customer reply replied 7 months ago
I tried my best to find someone to take over our lease but I wasn't able to. We want to leave on a good note by 2 months rent is a lot for breaking the lease. Also, we are breaking it because my husband is getting a job transfer from Boeing.
Lawyer: Loren, Attorney replied 7 months ago

Thank you for the additional information.

I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Unfortunately, your lease is binding and enforceable for the lease term stated in the contract. Therefore, without a provision in the lease providing a right to early termination or landlord breach (constituting constructive eviction), you are liable for the payment of rent and other obligations specified in the agreement until the end of the lease term.

So, you have a few options. First, you can try to negotiate a lump-sum settlement of the remaining balance on the lease. Make a counter-offer to the landlord's offer. There is no downside. All he can do is say no.

Next, you can try to find a new tenant to either be a subtenant or assignee of your lease. I know you have tried, but you should run ads in the paper, put up notices at work, etc.

Finally, and most risky, you can just move out without a new tenant or settlement, and hope the landlord can relet the space quickly.

The last option puts you in breach of the lease and subject to damages if the landlord sues and prevails.

With regard to the first two options, if you find a new tenant or reach a settlement with the landlord, it is most important that the terms be in writing and signed by the parties so that it is enforceable in court.

I am sorry. I wish I could tell you otherwise, but I do not want you incurring further liability and spinning your wheels.

If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

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Customer reply replied 7 months ago
Do You have any answer for me?
Lawyer: Loren, Attorney replied 7 months ago

Do you see my answer? I will repost:

Thank you for the additional information.

I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Unfortunately, your lease is binding and enforceable for the lease term stated in the contract. Therefore, without a provision in the lease providing a right to early termination or landlord breach (constituting constructive eviction), you are liable for the payment of rent and other obligations specified in the agreement until the end of the lease term.

So, you have a few options. First, you can try to negotiate a lump-sum settlement of the remaining balance on the lease. Make a counter-offer to the landlord's offer. There is no downside. All he can do is say no.

Next, you can try to find a new tenant to either be a subtenant or assignee of your lease. I know you have tried, but you should run ads in the paper, put up notices at work, etc.

Finally, and most risky, you can just move out without a new tenant or settlement, and hope the landlord can relet the space quickly.

The last option puts you in breach of the lease and subject to damages if the landlord sues and prevails.

With regard to the first two options, if you find a new tenant or reach a settlement with the landlord, it is most important that the terms be in writing and signed by the parties so that it is enforceable in court.

I am sorry. I wish I could tell you otherwise, but I do not want you incurring further liability and spinning your wheels.

If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

29 Nov 2017, 2:5

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Customer reply replied 7 months ago
Thanks! I just agreed to pay 5$ for the online advise but I see you have put up a charge of 42$. Could you advise why is that? I didn't take any other service from you?
Lawyer: Loren, Attorney replied 7 months ago

The $5 is a deposit. The question shows a value of $47

It is much cheaper than my normal hourly rate.

I, and the other Experts on the site, are site users like you (I am not an employee of JA), and I do not (and can not) see any account info or address payment issues, but Customer Service will be happy to assist you.

If you are having trouble, you can reach Customer Service assistance at this link:

http://ww2.justanswer.com/help

where you can chat, call, or send a support request. You can also email directly to *****@******.***

Thanks.

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Lawyer: Loren, Attorney replied 7 months ago

Did you have further questions about the tenancy? Have I answered your question?

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Customer reply replied 7 months ago
I didn't say that the cost will be 47$. It just said that you can take free trial which I declined. You have answered my question but I didn't learn anything that I didn't know already. I do not want to be charged $47 for 5 minutes.
Lawyer: Loren, Attorney replied 7 months ago

As I wrote, I, and the other Experts on the site, are site users like you (I am not an employee of JA), and I do not (and can not) see any account info or address payment issues, but Customer Service will be happy to assist you.

If you are having trouble, you can reach Customer Service assistance at this link:

http://ww2.justanswer.com/help

where you can chat, call, or send a support request. You can also email directly to***@******.***

Thanks.

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Customer reply replied 7 months ago
Thank you for the help!
Lawyer: Loren, Attorney replied 7 months ago

You are very welcome. Best of luck to you.

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