JonAndAshly
Posts:233
 | | 09/11/2007 10:47 AM |
 Alert | | So I moved into a house just about a month ago. For several of reasons I need to break my lease. I signed a year lease. I went through the 4 page lease agreement and saw nothing about breaking it. Can anyone tell me how this works? Does it have to be in the lease agreement or is it something under the landlord and tenant rights? | | | |
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its miller time
Posts:0
| | 09/11/2007 12:13 PM |
Alert | | On our lease, we would have charges for breaking the lease. We would also have to pay the rent until they find someone else to rent the house. Which there are TONS of homes for rent out here, so it could be a while till they rent it our. | | | |
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JAG
Posts:532
| | 09/11/2007 12:16 PM |
Alert | | Unless you have some specific issues showing neglect it may be hard to break it. But it is odd that you do not have that launguage on the lease. | | | |
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MommaToni
Posts:1045
| | 09/11/2007 1:13 PM |
Alert | Actually, I don't think if there aren't any fees or penalty's listed you have anything to worry about. Unless it is specifically worded out in the lease what will happen they can't really hold you to anything.
Most lease agreements are very specificc in what will happen should you have to break the lease. | |
Ppppppbbbbbbssssssssssttttttttt! | |
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LeonPotter
Posts:508
| | 09/11/2007 1:35 PM |
Alert | The first thought that came to mind was to not pay the rent. That would definitely break the lease.:o) But, I gather you want to exit on better terms than that. Just let your owner or property manager know and go from there.
The deal you signed is the deal you signed, but oftentimes they are willing to renegotiate if you come forward and give them your situation. You may be able to work out a solution that's workable to both parties. Assuming the agreement doesn't do that now. | |
My answer is "NO" to Q#5 and Q#1.
Proverbs 22:7
The rich ruleth over the poor and the borrower is servant to the lender. | |
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JonAndAshly
Posts:233
| | 09/11/2007 3:34 PM |
Alert | | Yeah I thought it was strange too that the lease says nothing about what happens if you break it. I have read and read it, unless I am completely overlooking something, then it doesnt say anything about it. I thought it might just be a Arizona state law or something so they dont have to mention it in the lease. | | | |
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bstoneaz
Posts:404
| | 09/11/2007 3:37 PM |
Alert | Whatever agreement you come to make sure you get it in writing.
We broke a lease with Ahwatukee Realty (ARPM) a little over a year ago when we bought our house.
Well, let me back up.
We notified ARPM in May we would be breaking our lease around the end of August and to get the house on the market so we could move out and not be responsible for the remainder of the lease. We were assured by Chad Chadderton they would get the house on the market within a few days and it would be rented by August. A couple weeks go by and it's not on the market. I call and Chad once again tells me it will be on the market and no worries. Well, this happenes several times over the next few months with the end result being the house was never put on the market and we moved out in August. We stopped paying rent on August 1st with our lease not ending till May 31 of the following year.
Basically by them failing to put the house on the market when they were notified of the breaking lease they screwed the owner of the home because I was no longer responsible for the lease or the remainder of the payments. Had they put the house on the market and they just couldn't lease it I would have been responsible, but they didn't so the owner got shafted.
Well, last week the owner calls me looking for her money. I couldn't help but laugh, and when I stopped I told her to call ARPM and ask why the house was never put on the market. She tried to tell me I was still responsible but I pulled out some paperwork from the Landlord/Tenant Agreement and read her some great info.
Moral of the story, make sure everything you have is documented. I documented every single call and any letters were hand delivered AND sent certified mail so there was never any confusion about what was sent. Because of my being prepared I don't have to pay the remaining $10,000+ in lease payments. If you don't document anything you could end up paying for the entire lease. | |
Just the good ol' boys,
Never meanin' no harm,
Beats all you've ever saw, been in trouble with the law since the day they was born.
Straight'nin' the curve,
Flat'nin' the hills.
Someday the moutain might get 'em, but the law never will.
Makin' their way,
The only way they know how,
That's just a little bit more than the law will allow.
Just good ol' boys,
Wouldn't change if they could,
Fightin' the system like a true modern day Robin Hood. | |
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sweitzer
Posts:28
| | 09/11/2007 4:33 PM |
Alert | Read the Arizona Landlord and Tenant Act which protects both the Landlord and the Renter.
THE LEASE DOES NOT HAVE THE SAY ANYTHING ABOUT A FEE OR ANYTHING TO DO WITH BREAKING A LEASE!! YOU ARE 100% RESPONSILBLE FOR THE RENT AND THE STATEMENT MADE BY MOMATONI IS 100% INCORRECT!!
http://azsos.gov/public_services/Publications/Residential_Landlord_Tenant_Act/
Everything you need to know should be in the above link. Specifically section 33-1368.
You are technically responsible for all rent until the lease is up or until the property is re-let.
You will most likely be responsible for all of your Landlords court costs and costs associated with getting the property re rented.
The Arizona Landlord Tenant act favors landlords greatly and you should seek advice from someone qualified in the field. I would use http://www.arizonatenants.com/, if there is a way out of your lease they WILL find it and it will cost you much less time and money then not paying the rent.
Hope this helps.
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Fritzydoodle
Posts:980
| | 09/11/2007 4:46 PM |
Alert | There was some legislation or judicial rulling earlier this year that had something to do with getting out of a lease without the financial burden if there was domestic violence, abuse, OOP harassment
PM me if this is the case and I'll find the info for you. | |
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JonAndAshly
Posts:233
| | 09/12/2007 10:51 AM |
Alert | Thanks! Can you tell me where exactly it talks about fee's? I read through the section and didnt see anything about the fees.
<div class='NTForums_Quote'>Posted By sweitzer on 09/11/2007 4:33 PM
Read the Arizona Landlord and Tenant Act which protects both the Landlord and the Renter.
THE LEASE DOES NOT HAVE THE SAY ANYTHING ABOUT A FEE OR ANYTHING TO DO WITH BREAKING A LEASE!! YOU ARE 100% RESPONSILBLE FOR THE RENT AND THE STATEMENT MADE BY MOMATONI IS 100% INCORRECT!!
http://azsos.gov/public_services/Publications/Residential_Landlord_Tenant_Act/
Everything you need to know should be in the above link. Specifically section 33-1368.
You are technically responsible for all rent until the lease is up or until the property is re-let.
You will most likely be responsible for all of your Landlords court costs and costs associated with getting the property re rented.
The Arizona Landlord Tenant act favors landlords greatly and you should seek advice from someone qualified in the field. I would use http://www.arizonatenants.com/, if there is a way out of your lease they WILL find it and it will cost you much less time and money then not paying the rent.
Hope this helps.
</div>
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its miller time
Posts:0
| | 09/12/2007 12:46 PM |
Alert | | I would just give them a call and see what their policy is. | | | |
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alanf
Posts:1473
| | 09/12/2007 2:19 PM |
Alert | | . | | | |
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alanf
Posts:1473
| | 09/12/2007 2:20 PM |
Alert | You should call and be up front about the situation. If you signed a 1 year lease, you are responsible for a 1 year lease. If you take your situation to the owner, or property manager then at least you are showing good intent. Stuff happens and most folks understand that. I'd also have an attorney take a lease at the paperwork as none of us participating in the conversation will walk into court with you as expert counsel when you get sued for the rest of the lease . Good Luck. | | | |
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JonAndAshly
Posts:233
| | 09/12/2007 4:53 PM |
Alert | I would love to give her a call but she didnt give me her number. All I have is an email address and a P.O. Box . She is not returning my emails. She also claims to have a managment company but has yet to give me their info.
I spoke to a lawyer and they said that they would have to look further into the lease but there is a law that states you are responsible for rent until the unit is rented out agani unless the lease states otherwise. I told her that I would be willing to find someone to take over my lease and just let them use my deposit. I hope that she goes for that.
Thankfully thats as far as they can go though since there is no pentalties or fee's stated in the lease agreement.
Crossing my fingers. | | | |
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Colgate
Posts:629
| | 09/12/2007 5:35 PM |
Alert | | Strange that there are no stipulations written in your agreement about breech of contract, regarding breaking the lease. If the contract stipulates in writing 1YEAR then that right there may bind you! One year is exactly what it is one full year. I am not sure about the laws here in this state. Contact a realtor or mgt. co. | |
Live every day as if it were your last and smile! | |
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sweitzer
Posts:28
| | 09/12/2007 6:22 PM |
Alert | | There is NO section about Fees.... You are in a lease for the amount of time that you agreed upon and responsible for rent until then or until she finds someone else to move in. They do not give you a buy out option in the Landlord Tenant Act, like I said it was written in heavy favor of landlords and not tenants. Your landlord also does not have to accept a new tenant even if you find a suitable one, which is also somewhere in the Landlord Tenant Act. | | | |
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TPupAZ
Posts:23
| | 09/13/2007 9:50 AM |
Alert | Use Ken Volk from Arizona Tenants Association.
We used him to break a lease, he's a pitbull.
Well worth it. | | | |
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06woman
Posts:356
| | 09/13/2007 12:46 PM |
Alert | | That website is interesting. Helpful. | |
"Happiness is a journey...not a destination."
"The highest form of ignorance is to reject something you know nothing about." -
Dr. Wayne W. Dyer
This is my son and a Lake Erie sunset. July 8,2007
Senior Member
Posts: 2268
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karldotcom
Posts:29
| | 09/13/2007 6:03 PM |
Alert | You can break it and you will be liable for all the remaining payments due on the lease.
That is why you need a month to month lease. | | | |
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