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Re: Apartment Lease. What if?

speee1dy
November 06, 2014 01:33PM

Registered: 10 years ago
Posts: 8,600

he could ask for all of the back rent you owe, keep the deposit if any and possible charge you for court costs. good luck, i know sometimes situations make it hard to do the right thing. good luck to both of you.

also try lawyers.com and go to their forum. people can give you a bit of help there.

Re: Apartment Lease. What if?

JD on STT
November 06, 2014 01:35PM

Registered: 4 years ago
Posts: 71

Quote
Alana33
I would just speak to the landlord, who you described as a nice guy and tell him about your predicament. Give him adequate notice so that he can find a replacement tenant. You may default your deposit by leaving and breaking your lease term.

If he's a nice guy and you give him plenty of notice, are paid up to date and leave the apartment in good, clean condition and he may choose to refund your deposit.

It can't hurt to speak with him and it's the fair and honest thing to do.

That's what I intended. It was a simple question. I just wanted opinions here first. Believe me the frozen north is not what I want either.
Thank You for the nice reply.

Re: Apartment Lease. What if?

C_Ray6
November 06, 2014 01:58PM

Registered: 4 years ago
Posts: 141

I think everyone would agree that he should just sit down with the landlord and be honest with him. I might also try to help find a replacement tenant. Is there a clause for sub-leasing?

Re: Apartment Lease. What if?

rmb2830
November 06, 2014 01:59PM

Registered: 10 years ago
Posts: 446

And some of the landlord's response will depend on the condition of the apartment. If it's spotless and there are no major repairs/ painting/refurnishing needed, we'd have a different position than if it was the tenant from hell who left the place so filthy and in such bad shape that it was unbelievable.
We just recently had a tenant who had to leave a month before the lease was up, for business reasons. The place was very clean, and they were a big help in showing the home to prospective tenants, checking on the property before that storm that was coming and shutting windows, moving outdoor furniture inside before the storm etc....so they got their full security and more than half of the last month's rent returned to them. It cost us some money, and we could have kept that last month's rent, (our tenant's have to pay first, last and security) but their help meant we could get the place re-rented right away, instead of losing another full month of rent. We did not have to hire a cleaning crew, or replace furnishings etc that were ruined, so it cost us a lot less than it could have.

Re: Apartment Lease. What if?
avatar

CruzanIron
November 06, 2014 02:03PM

Registered: 4 years ago
Posts: 2,388

As a landlord, if you break the lease, leave no notice, and I have to clean up after you, my normal practice is to pay the $50 filing fee and take you to small claims court. After I get a letter from the Marshal that you can't be located to serve, I send all to the credit bureaus and destroy your credit rating.

Re: Apartment Lease. What if?

OldTart
November 06, 2014 02:05PM

Registered: 6 years ago
Posts: 6,524

Quote
loucypher

OT. He asked a simple question and he's being attacked by some. He's in an awkward position. Has anyone considered his feelings in all this? This must be very disappointing and frightening for him.
He simply quoted from the other thread about employers here.

Yes, I have indeed considered his feelings and in fact know exactly how he feels as I was in exactly the same position 30 years ago. I was hired for a position here and, three months later, for the very first time in my life (and I already had two decades of employment under my belt), was summarily fired. I'd shipped possessions here, had a dog and a cat, a car had been provided by the company so I lost that with the job ... It was a miserable experience. Over 20 resumés sent out were ignored (I knew then as I know now how difficult it is for a "newbie" to land a decent position) and I was at my wit's end when, through sheer serendipity, something came up and I spent the next 10 years in a job that I absolutely loved.

So yes, I've been there but I didn't attack the OP and my old ears simply found his retort unseemly given the circumstances and the fact that the majority is offering decent suggestions. Generally dissing employers and landlords as a whole doesn't win friends and influence people. A simple "thank you, I'll look into that" is all that's needed to be said while ignoring the familiar idiots who have nothing credible or substantive to offer.

Re: Apartment Lease. What if?

SkysTheLimit
November 06, 2014 02:50PM

Registered: 11 years ago
Posts: 1,897

My opinion?

Call the landlord and tell him what's going on. See how he reacts. That will give you a better idea how to proceed..

Re: Apartment Lease. What if?

JD on STT
November 06, 2014 03:11PM

Registered: 4 years ago
Posts: 71

Quote
CruzanIron
As a landlord, if you break the lease, leave no notice, and I have to clean up after you, my normal practice is to pay the $50 filing fee and take you to small claims court. After I get a letter from the Marshal that you can't be located to serve, I send all to the credit bureaus and destroy your credit rating.

What if you were given a good reason, proper notice and you could eat off the floors?
So, in other words you think I'm a scumbag.

Re: Apartment Lease. What if?

Rowdy802
November 06, 2014 03:37PM

Registered: 6 years ago
Posts: 508

Quote
JD on STT
Quote
CruzanIron
As a landlord, if you break the lease, leave no notice, and I have to clean up after you, my normal practice is to pay the $50 filing fee and take you to small claims court. After I get a letter from the Marshal that you can't be located to serve, I send all to the credit bureaus and destroy your credit rating.

What if you were given a good reason, proper notice and you could eat off the floors?
So, in other words you think I'm a scumbag.

My friend, don't get drawn into this... Just call the landlord and have nice chat, pretty please... happy

Re: Apartment Lease. What if?

OldTart
November 06, 2014 03:44PM

Registered: 6 years ago
Posts: 6,524

Quote
JD on STT
Quote
CruzanIron
As a landlord, if you break the lease, leave no notice, and I have to clean up after you, my normal practice is to pay the $50 filing fee and take you to small claims court. After I get a letter from the Marshal that you can't be located to serve, I send all to the credit bureaus and destroy your credit rating.

What if you were given a good reason, proper notice and you could eat off the floors?
So, in other words you think I'm a scumbag.

Is there seriously something wrong with you that you interpret CruzanIron's comment as a personal attack?

Re: Apartment Lease. What if?

Bassman
November 06, 2014 03:48PM

Registered: 13 years ago
Posts: 206

When I was in grad school I managed a small apartment building for free rent. We always collected first, last and security deposit of one month's rent. If someone moved out early we kept the security and last month's rent and let it go. You can't get blood from a stone!

Re: Apartment Lease. What if?

Alana33
November 06, 2014 03:53PM

Registered: 6 years ago
Posts: 11,981

I'm a landlord and have had this situation happen to me.
If the people are nice, the place is clean, no damage has occurred, adequate notice is given and I can show and get it rented as soon as tenants leave, they get their deposit back after the wapa bill has been paid. (I keep biil in my name but they pay for usage.)

However, if they are rude, leave the place a mess, don't give me proper notice and I've got to go in, paint, clean everything and have to wait to rerent the house, then no deposit is returned and I am willing to spend the time to go to court if I must.

My lease is very specific, spells everything out in writing and is much longer than 2 pages.

Re: Apartment Lease. What if?

vicanuck
November 06, 2014 05:11PM

Registered: 8 years ago
Posts: 2,285

My lease is 9 pages single spaced and covers just about everything you could think of...but I still try to work with people and hope that they treat me as well as I have treated them!

Re: Apartment Lease. What if?

JD on STT
November 06, 2014 06:20PM

Registered: 4 years ago
Posts: 71

Quote
OldTart
Quote
JD on STT
Quote
CruzanIron
As a landlord, if you break the lease, leave no notice, and I have to clean up after you, my normal practice is to pay the $50 filing fee and take you to small claims court. After I get a letter from the Marshal that you can't be located to serve, I send all to the credit bureaus and destroy your credit rating.

What if you were given a good reason, proper notice and you could eat off the floors?
So, in other words you think I'm a scumbag.

Is there seriously something wrong with you that you interpret CruzanIron's comment as a personal attack?

Yeah. Because he says YOU. Is there something wrong with YOU?

Re: Apartment Lease. What if?

OldTart
November 06, 2014 06:45PM

Registered: 6 years ago
Posts: 6,524

Grammar and figures of speech seem not to be your forté. Have you decided on your approach to your landlord and have you sought advice from the Labor Board or from a labor attorney about your employment situation?

Re: Apartment Lease. What if?

fdr
November 06, 2014 06:46PM

Registered: 10 years ago
Posts: 1,212

The real answer is, "not much, and this is why most places collect first, last, and security up front, because your situation happens all the time."

Old Tart's guidance here is sound. Help your landlord out as much as you can.

Re: Apartment Lease. What if?

Afriend
November 07, 2014 09:06AM

Registered: 12 years ago
Posts: 454

I don't understand what all the fuss is about. Why don't you just do what the majority of the responders suggest and contact your landlord (who you say is a nice guy) and explain your situation? It's the right thing to do and he may work with you to help ease your situation. Worse case scenario you have to pay him 2 more months rent. While it may create a bit of a short-term financial hardship for you in the long run it's not that big of a deal.

Right now you have a lease that you wants to terminate 2 months early. Legally, you owe the landlord 2 months rent. If he offers you some kind of adjustment you are ahead of the game. If he holds you to the terms of the lease you've not been harmed (although your wallet /bank account will be lighter). Now, since you say you signed a "standard lease" presumably you've already paid 1st month, last month's rent and 1 month's security deposit. That means if you are current with your rent the landlord already has the last month's rent in hand plus the one month's security deposit (a total of 2 months rent which is the same amount you'd owe him if you stayed the full term).

So, if you leave the apartment clean and in good conditions no money actually has to exchange hands if the landlord retains the last month's rent and the security deposit. He's "whole" and you are not out any additional money.

You walk away with your dignity and credit record intact and the landlord is happy because he gets to collect all the rent that is owed.

Now, if you've left the apartment damaged or in disarray then the landlord could bring action against you to recover the cost of repairs/cleaning. You could dig deep into your pockets to pay him or ignore him completely. If you choose the latter option then he could get a judgement against you that could end up as a black mark on your credit record but it's doubtful that he'll be able to collect anything if you return to the mainland.

I understand the stress you are under due to your losing your job. No one likes to be in that position but that doesn't relieve you of your legal responsibilities under your lease and it doesn't mean your landlord should be burdened by YOUR problem. But really, you are only talking about a maximum of the amount of the "security despot" since you've already paid him the last month's rent. You and he might agree to let him keep the security deposit in lieu of the second to last month's rent (again assuming you are leaving the apartment in a state of good repair). Talk with your landlord and then you'll know where you stand.

Re: Apartment Lease. What if?

Tiberius
November 07, 2014 10:34AM

Registered: 6 years ago
Posts: 205

Quote
CruzanIron
As a landlord, if you break the lease, leave no notice, and I have to clean up after you, my normal practice is to pay the $50 filing fee and take you to small claims court. After I get a letter from the Marshal that you can't be located to serve, I send all to the credit bureaus and destroy your credit rating.

You can't "destroy" anyone's credit rating.

Re: Apartment Lease. What if?

loucypher
November 07, 2014 10:38AM

Registered: 6 years ago
Posts: 275

I love it when people tell me things like what's all the fuss. Just pay. He's not working. He doesn't have the money. That's what the big deal is or all the fuss is about.

Re: Apartment Lease. What if?

loucypher
November 07, 2014 10:40AM

Registered: 6 years ago
Posts: 275

Message Removed.

Re: Apartment Lease. What if?

Afriend
November 07, 2014 11:12AM

Registered: 12 years ago
Posts: 454

Quote
loucypher
I love it when people tell me things like what's all the fuss. Just pay. He's not working. He doesn't have the money. That's what the big deal is or all the fuss is about.

So what you are saying is it's OK to stiff the landlord (or any other creditor) because you can't afford to pay. By that logic why should anyone have to pay rent or a mortgage, make a car payment, pay utilities or any number of other obligations they may have? It's just not right to say you can't afford to pay and walk away!

I and others have said that OP is in a difficult position losing his job but that doesn't mean he can shirk his responsibilities. If someone has financial difficulties it's always wise to contact creditors to work out some type of payment plan rather than ignore the situation. In OP's case the amount owed will probably be equal or close to the amount of the last month's rent and security deposit already held in escrow by the landlord so there will be little or no out of pocket expense. OP has much to gain and little to lose by being up front and candid with his landlord.

Re: Apartment Lease. What if?

loucypher
November 07, 2014 12:49PM

Registered: 6 years ago
Posts: 275

Quote
Afriend
Quote
loucypher
I love it when people tell me things like what's all the fuss. Just pay. He's not working. He doesn't have the money. That's what the big deal is or all the fuss is about.

So what you are saying is it's OK to stiff the landlord (or any other creditor) because you can't afford to pay. By that logic why should anyone have to pay rent or a mortgage, make a car payment, pay utilities or any number of other obligations they may have? It's just not right to say you can't afford to pay and walk away!

I and others have said that OP is in a difficult position losing his job but that doesn't mean he can shirk his responsibilities. If someone has financial difficulties it's always wise to contact creditors to work out some type of payment plan rather than ignore the situation. In OP's case the amount owed will probably be equal or close to the amount of the last month's rent and security deposit already held in escrow by the landlord so there will be little or no out of pocket expense. OP has much to gain and little to lose by being up front and candid with his landlord.

That's what you got from that? He can't. It's not a matter of desire. HE CAN'T.

Re: Apartment Lease. What if?

OldTart
November 07, 2014 01:53PM

Registered: 6 years ago
Posts: 6,524

Quote
loucypher
That's what you got from that? He can't. It's not a matter of desire. HE CAN'T.

Sure he can - he can hit the pavement and find another job, just like everyone else does.

However, since you apparently feel so adamantly (even though you couldn't be more mistaken) that everyone "has it in in" for the young man and just doesn't understand, I have a suggestion. How about you offer him a place to live and a job on STX? He could sell his car to raise the fare to get over there with plenty left over, then you can take him under your wing and do the whole Good Samaritan routine. Let him live with you rent-free in exchange for chores and put him to work so he can build his nest-egg back up again.

I have a feeling the two of you would get along together amazingly well.

Re: Apartment Lease. What if?

islandjoan
November 07, 2014 03:17PM

Registered: 11 years ago
Posts: 1,642

Topics sure have a way of devolving on this board!

Re: Apartment Lease. What if?

Juanita
November 07, 2014 04:17PM

Registered: 12 years ago
Posts: 3,107

Quote
JD on STT
It's a standard V.I. lease. Only 2 pages not including the signature page.
Believe me I'd feel awful having to do something like that. He's a really nice guy. But truthfully what could he do? I'd be leaving 2 months early. His legal fees might exceed the lost rent. I'm not being a dick.

As a long time landlord, I can tell you that for 2 months rent, going into season, I wouldn't bother to file any claim, unless there were damages. Now, having said, that wouldn't make it right for you to just break the lease. I have not read your other thread, so no idea what happened to your job, however, as mentioned, that's not really your landlord's problem unless you make it so, which sounds like you might be considering doing.

Does the landlord need any work done around the place? Painting, minor repairs, lawn care.....anything you can offer to help work off some of the rent due? At the very least, offer to do what you can, including making small payments, as you are able. Anything you can do to help re-rent the apartment will be the best option for you.

To paraphrase some of those schmaltzy sayings.....the situation doesn't make your character, but how you handle the situation does. Best of luck to you. smiling

Juanita

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