Advice, please. Breaking apartment Lease

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  • kylebes1
    R3VLimited
    • May 2004
    • 2804

    #1

    Advice, please. Breaking apartment Lease

    A chick friend of mine, Erin, lives in a two bedroom apartment with a guy friend of ours.

    Two months ago they resigned for another year. The guy, Adam, has fallen in love :puppy: with a girl in Tennesse, so he is moving to be with her. Bad idea for him.

    Now he is leaving Erin and her 4 month old with the lease for 10 months. He knows the people that run the place and they will let him out, but not her.

    First, I am going to make Adam's new girlfriend unhappy by ripping his balls out, but after that how does Erin, or me, talk the appartment people to let her out of the lease? I have never dealt with this, I mooch residency so have never had a lease or rent. Since she has the kid, not just anyone can move in, blah blah... and not just anyone wants to deal with a kid, including me.
  • AdironRider
    No R3VLimiter
    • Dec 2004
    • 3491

    #2
    Theres gotta be some way out of it, especially if theyre letting one person out and not another. If it came down to it, is it even legal to basically screw her into paying a lease she cant afford?

    Usually landlords are either cool and break the whole lease, or just say no your stuck here. Never heard of this one can leave but the other must stay.
    Back to my roots

    Comment

    • Vedubin01
      R3V Elite
      • Jun 2006
      • 5852

      #3
      If they both signed their names as the lease holders then they are liable for the full term of the lease. Now if they let him off the lease and not her, legally she is still liable. If if he breaks the lease then she would have a case in small claims court for breaking the lease. But that does no good if she cant make rent. Best bet is to see what the lease break penalty is and have the guy pay for it and for her to find a new place. Or tell him that he has got to come up with his side of the lease or at least till she finds someone to cover his end. But truthfully if she signed the lease even with his name on it, she stands by herself if they come to collect.

      Good luck!
      Build your own dreams, or someone else will hire you to build theirs!

      Your signature picture has been removed since it contained the Photobucket "upgrade your account" image.

      Comment

      • s0urce
        R3VLimited
        • Dec 2004
        • 2933

        #4
        This one is cake. Have her harrass the management. Demand things to constantly be fixed. Anything and everything. light fixtures...windows...dishwasher is lukewarm...low water pressure.... GO NUTS. totally put them out.... Wait for something you need to not be fixed and then give them notice that they failed to fix it and you're moving out. Look up your renters rights for your area. Tons of ways to break a lease...just gotta know your rights first.
        tasty

        Comment

        • s0urce
          R3VLimited
          • Dec 2004
          • 2933

          #5
          Also look into subletting...it could be another option.
          tasty

          Comment

          • Vedubin01
            R3V Elite
            • Jun 2006
            • 5852

            #6
            Originally posted by s0urce
            This one is cake. Have her harrass the management. Demand things to constantly be fixed. Anything and everything. light fixtures...windows...dishwasher is lukewarm...low water pressure.... GO NUTS. totally put them out.... Wait for something you need to not be fixed and then give them notice that they failed to fix it and you're moving out. Look up your renters rights for your area. Tons of ways to break a lease...just gotta know your rights first.

            Wow I was not going to go there but yeah that is another way!
            Build your own dreams, or someone else will hire you to build theirs!

            Your signature picture has been removed since it contained the Photobucket "upgrade your account" image.

            Comment

            • Vedubin01
              R3V Elite
              • Jun 2006
              • 5852

              #7
              Originally posted by s0urce
              Also look into subletting...it could be another option.

              Most apartments have things in their contract about subletting. Its a big no-no.
              Build your own dreams, or someone else will hire you to build theirs!

              Your signature picture has been removed since it contained the Photobucket "upgrade your account" image.

              Comment

              • s0urce
                R3VLimited
                • Dec 2004
                • 2933

                #8
                This doesnt make sense though, if both of their names are on a legally binding contract, they cant simply pick and choose the parts of the contract they want to enforce.

                Assuming both parties are on the lease as the primary renters, If they want to take one of the renters off of the lease the contract is null and void. You would have to re-sign a new lease for the apartment.

                Fuck what I said before. Get an attorney. That is cake.
                tasty

                Comment

                • aschmidt
                  E30 Addict
                  • Feb 2005
                  • 457

                  #9
                  Originally posted by s0urce
                  This doesnt make sense though, if both of their names are on a legally binding contract, they cant simply pick and choose the parts of the contract they want to enforce.

                  Assuming both parties are on the lease as the primary renters, If they want to take one of the renters off of the lease the contract is null and void. You would have to re-sign a new lease for the apartment.

                  Fuck what I said before. Get an attorney. That is cake.
                  100% agreed. She'll make it out for sure.
                  -Adam Schmidt-

                  1988 Zinnoberrot 325iS ::dead::
                  1988 Bronzit 325iS ::sold::
                  1991 Alpine 318iS

                  Comment

                  • Vedubin01
                    R3V Elite
                    • Jun 2006
                    • 5852

                    #10
                    in a contract in which two parties sign say for a car loan. You and your dad. If you do not pay the bill your dad is liable for it. They can still come after you but you both stand on your own. Now with this, the apartment complex I think must have both parties sign if one is going to be removed from the lease. If he is such good friends to have his name removed he should have no issues on the other name to be removed as well. But then the landlord would be out of revenue for that unit.

                    Best bet is to make a deal with the guy that is leaving and tell him he is going to small claims court if he does not live up to his end of the deal.
                    Build your own dreams, or someone else will hire you to build theirs!

                    Your signature picture has been removed since it contained the Photobucket "upgrade your account" image.

                    Comment

                    • Jscotty
                      Banned
                      • Jan 2007
                      • 2285

                      #11
                      The best way to get out of the lease is to have your friends call the management company pretending to be one of the neighbors. Have different people call every few days complaining about loud music and loud and unruly guests and if the apartment as an anti-pet policy complain about their dog. Say something to the effect of, "Yeah, its terrible how she lets her dog crap all over the grass when my kids are playing outside." Maybe you could even say, "Since that big arguement with her boyfriend she has been having all kinds of drug addicts in and out of her house. I think she is running a whore house out of the apartment." Share with them how scary the situation appears to be and how you don't want those drug thugs around your children.

                      I would pay the rent next month and wait until around the 15th or so to start the complaints so that the management company does not suspect that you are up to something or that these complaints are staged.

                      Comment

                      • s0urce
                        R3VLimited
                        • Dec 2004
                        • 2933

                        #12
                        Originally posted by Jscotty
                        The best way to get out of the lease is to have your friends call the management company pretending to be one of the neighbors. Have different people call every few days complaining about loud music and loud and unruly guests and if the apartment as an anti-pet policy complain about their dog. Say something to the effect of, "Yeah, its terrible how she lets her dog crap all over the grass when my kids are playing outside." Maybe you could even say, "Since that big arguement with her boyfriend she has been having all kinds of drug addicts in and out of her house. I think she is running a whore house out of the apartment." Share with them how scary the situation appears to be and how you don't want those drug thugs around your children.

                        I would pay the rent next month and wait until around the 15th or so to start the complaints so that the management company does not suspect that you are up to something or that these complaints are staged.
                        Yea but if they kick you out, you lose your deposit. Not smart.
                        tasty

                        Comment

                        • s0urce
                          R3VLimited
                          • Dec 2004
                          • 2933

                          #13
                          Originally posted by Vedubin01
                          in a contract in which two parties sign say for a car loan. You and your dad. If you do not pay the bill your dad is liable for it. They can still come after you but you both stand on your own. Now with this, the apartment complex I think must have both parties sign if one is going to be removed from the lease. If he is such good friends to have his name removed he should have no issues on the other name to be removed as well. But then the landlord would be out of revenue for that unit.

                          Best bet is to make a deal with the guy that is leaving and tell him he is going to small claims court if he does not live up to his end of the deal.
                          This is totally different, this is not a cosigner scenario. They are two totally different types of contracts. This isn't even a Leaser/Occupant scenario. They are both on the lease as leasers of the property.
                          tasty

                          Comment

                          • SchnellerVert
                            No R3VLimiter
                            • Sep 2005
                            • 3948

                            #14
                            Sounds like a Judge Judy case. He has a legal binding obligation to pay till the lease runs out.

                            He should pay his half for the 10 months.

                            Comment

                            • Vedubin01
                              R3V Elite
                              • Jun 2006
                              • 5852

                              #15
                              Originally posted by s0urce
                              This is totally different, this is not a cosigner scenario. They are two totally different types of contracts. This isn't even a Leaser/Occupant scenario. They are both on the lease as leasers of the property.
                              This I know and I was not hoping you would take it so deep. Its a binding contract to all that is named. Each one stands on his or her own, just like in the cosigner scenario.
                              Build your own dreams, or someone else will hire you to build theirs!

                              Your signature picture has been removed since it contained the Photobucket "upgrade your account" image.

                              Comment

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