neil

Has anyone got any experience of terminating a lease early?

The law in NJ basically seems to say either the landlord lets you out of it, or you can continue to pay rent until someone else is found to rent it, but the landlord must show that they are actively advertising/showing etc.

Now, we live in one of these apartment communities and think we could get screwed - basically to "let" us out of the lease they are asking for 2 months additional rent plus a $500 early termination fee which, if you ask me, is excessive to the point of being ridiculous (this is on top of the fact we have given 2 months notice).

At the time we move out there will be 6 months left on the lease - they have 2 months from now to find someone to rent it before we move out and this is a pretty popular community right now. Do we risk it and go for the route that says we pay until they find someone else? My worries with that are they will just rent any other empty apartment, or one that becomes empty, before ours and we could get screwed; however, the law is phrased in such a way that if they cannot show they have been actively trying to get someone into our apartment then we would not be responsible. It seems like the law is really written for individual landlords rather than a community like this one. I'm wondering if we could force them to take us to court to try and get extra money by arguing it could be assumed to be reasonable that they would find someone within 3 months - if it went this far they would be forced to show how many apartments had been newly leased during that time I would assume and that could work in our favour.

Any advice on what any of you might have done in this situation would be greatly appreciated as the amounts are not small (one month rent is over $1500).

Bob

They could kick up a fuss it being the verge of winter...most people want places to be filled over the winter period...if in the summer it probably wouldn't be a problem, but with winter, could be a bit of a mare....but it is up to the landlord...though it does sound like they are taking the mick...

CaliforniaBride

Well Judge Judy never gives them more than a couple of months!

neil

Judge Judy it is then.

neil

It's a college town - god knows how students afford to live here but they do - so it being near a new semester etc. then that might not be so much of an issue (we'll be glad to get out of here - this place was sold as luxury living, yet everywhere you look there are bloody students - p's me off).

BritGuyTN

to be fair - you aren't being screwed - the whole point of the landlord/property manager having you sign a lease (voluntarily) is so he/she can budget cashflow and make money out of their business. i would be extremely annoyed if someone wanted out of their lease halfway through (i presume you have a 12 month lease) and thought that they were being 'screwed' if they were expected to honour their contract.

As a landlord I personally would rent other vacant properties (if there were any) before yours, otherwise I would be an idiot by throwing thousands of dollars down the drain. Rental business is often not one whereby you have to provide great service upon termination (it is during the lease obviously). If someone is leaving to buy a house then its likely they will not be a customer of yours in the future

2 months + early termination is not at all ridiculous, although it may seem to be from your perspective.

Even in a commnunity, individual units are very important to cash flow, and can be as important as a property is to a small landlord

Do you know anyone who could assume your lease?

NC Penguin

I empathasize with you but when you signed the lease, weren't you aware of the penalties for breaking the lease early?

I have experience of wishing to break a lease. Like you, I had to give two months notice of termination. However, I had two months left on the least and like you, I live in a part of a city that is very popular for renters. Despite asking for some flexibility from the management office, they would not budge so we just terminated the leasse when it expired. The apartment complex owners made a pretty stupid decision not to be flexible because are rent had not increased in the time we were living there and had they let us out of the lease early, they would be collecting a higher monthly rent from new people.

My one comment about trying to find someone to take over your apartment. Christmas and winter. I have a relative who rents in Northern VA and his lease terminates in December but he's not going to move in December because it's a crappy time of year to move and with the Holidays, it's unlikely that many people will be looking to move around then. He's going on a month-to-month lease from January, as I understand. Like you, his rent is very high (at least $1500 wouldn't be at all surprising).



NC Penguin

Elvira

Yes, we've done this twice.

On both occasions we made sure that we got really chummy with the manager of the apartment complex. Always chatted with her in a friendly way, without wasting her time, and always making sure she was in the mood for a chat; giving her a jar of English marmalade or a piece of cake I'd made; always being extra polite and considerate (YKWIM: being 'very English... ). The end result being that she wanted to help us rather than screw us.

On one occasion, she found new tenants to take over the lease. The other time we found a suitable tenant.

If you are in a university town, it shouldn't be too difficult to find someone. Does the university have an office that looks after international scholars and academic visitors? They often need short-term accommodation, which can be difficult to find in a place where 12 months leases are the norm.

HTH!

dbj1000

Neil, we've successfully exited early from a lease like yours, without paying the penalty... but it was an unpleasant business all around.

We had a 2 month + $1000 penalty in our lease agreement. However, when we were preparing to sign the lease we questioned this, saying that it seemed excessively harsh and that we would most likely be looking for a house to buy during the 6 month lease period. We were told verbally that they were "extremely flexible" about these penalties and "pretty much never charged them". So, like fools, we signed.

To cut a long story short, a few months later we found a house we wanted to buy, and gave 3 months notice on the apartment. All notion of flexibility on their part disappeared, and the slapped us with a penalty notice right away.

In response, we wrote a long letter to the property company's head office, explaining that we regarded their promises of "flexibility" as deceptive marketing. We didn't have a leg to stand on legally, but our letter simply outlined our concerns and our disappointment and very firmly pointed out that it was the company's reputation that was at stake here. We gave the manager of the apartment complex one week to review the letter and discuss our concerns before we sent it to the parent company. She refused to meet with us. We sent the letter.

Two days later, she pushed a note through our door to say that we could vacate on our chosen date with no penalty. She never spoke to us again, and neither did her staff member who had made the initial claims.

I'm not proud of this episode, and I think we were very lucky to have it resolved as we did. We have learned our lesson, and will never take any verbal assurance as worth a damn compared a contract.

Still, I'd say that in your situation you've got nothing to lose. Write a letter to head office, addressed to the most senior people you can find contact details for (which is a feat in itself if ours was anything to go by). The worst they can do is refuse to budge.

Lottie

I feel your pain, got stung for 2 months rent when we terminated ours earlier this year - nearly $3,000. We were moving to our house and to be honest whilst we argued until we were blue in the face about it (with apartment community manager) we didn't get anywhere. Wished we'd paid the extra $50 a month to have a 12 month lease instead of a fixed one. You live and learn I guess.

Not sure why you are moving, but our complex had some dispensations if your were having to move for work or had been made redundant....have you checked this out yet?

evoal2003

I just managed to get out of mine, having brought a house $2600 :scared:

NC Penguin

$2600? That's a bargain!



NC Penguin

fatbrit

:scared: :scared: :scared:

Should've tried one of these: http://www.arizonatenants.com/

Angry White Pyjamas

Caveat Emptor.

There is no such thing as a verbal contract here. If it aint in writing and signed it didnt happen.

On the breaking a lease thing....how would you all feel if your landlord came up to you one day and said..."You know I think I've had enough of this place. You're out. I want you out tomorow with no compensation."

Contracts work both ways.

BritGuyTN

Yes, property companies are there to provide a service and are not a charity

As AWP says - how would you feel if the landlord said 'oh, I've got another tenant who will pay me 20% more for your appartment, please match it or get out'