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Breaking a lease - into collection???

Established Contributor

Re: Breaking a lease - into collection???

Well you cannot break a lease just simply because you can't afford it.  I can tell you that.  The only way you can break the lease is if the home/apt is deem inhabitable or the Landlord did not do their part according to a tenant/Landlord Act.   Every state has a Tenant/Landlord Act.  For example in Texas we have Texas Property Codes Chapter 92 which outlines residential.  It states what a landlord can and cannot do, and vice versa for a tenant, and what remedies either party can seek if lease is broken.  Most of the time, there is a reletting fee in the lease.  There is an amount.  Otherwise you stuck with it on your collections depending on your states SOL.  Smiley Sad


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Message 11 of 28
Established Contributor

Re: Breaking a lease - into collection???


ahiuan wrote:

Hi GregB, and thanks,

 

The park (mobile home park) representative has already said they will attempt to re-lease it as quickly as possible.  Two problems ... first, there are another six mobile homes available for lease in the park at present and second (and the bigger problem) is that the roof on the home needs replacing (it's been tarped over for about 2-3 weeks).  These people seem to enjoy making tenants wait for needed repairs!  :/ 


Well if your home was like this, then you should have notified the mobile home park representative of the damage, especially if there is water damage.  You should have also taken photos of the damage.  Once the landlord is notified, depending on state laws, they have a certain amount of day to fix the problem. 

This is what is called deemed unhabitable in any state, and warrants you to break the lease.   In your 30 day notice you should have cited this as one of the reasons why.  The biggest key to it all this, it must be certified mail.  Once you have moved out you must give a forwarding address to the landlord, the Landlord has 30 days to forward you an itemized deduction.  If not they forfeit.  Every state has this law in effect.  If neither party does their part, then its he said she said, and you would have to take them to small claims, you can file if I can remember correctly a pauper's where you pay little to no money.  From there a judge will decide what is fair.  They can't file an eviction if you are already out, that is illegal.  

 


Starting Score: 565
Current Experian Score: 634 (Lender pull)
Current Equifax Score: previous 668, 680 as of 11/12/13 lender pull
Current Transunion Score: previous 675,677 as of 09/23/13
Goal Score: 750

Take the FICO Fitness Challenge



Message 12 of 28
Epic Contributor

Re: Breaking a lease - into collection???


jadeite788 wrote:

ahiuan wrote:

Hi GregB, and thanks,

 

The park (mobile home park) representative has already said they will attempt to re-lease it as quickly as possible.  Two problems ... first, there are another six mobile homes available for lease in the park at present and second (and the bigger problem) is that the roof on the home needs replacing (it's been tarped over for about 2-3 weeks).  These people seem to enjoy making tenants wait for needed repairs!  :/ 


Well if your home was like this, then you should have notified the mobile home park representative of the damage, especially if there is water damage.  You should have also taken photos of the damage.  Once the landlord is notified, depending on state laws, they have a certain amount of day to fix the problem. 

This is what is called deemed unhabitable in any state, and warrants you to break the lease.   In your 30 day notice you should have cited this as one of the reasons why.  The biggest key to it all this, it must be certified mail.  Once you have moved out you must give a forwarding address to the landlord, the Landlord has 30 days to forward you an itemized deduction.  If not they forfeit.  Every state has this law in effect.  If neither party does their part, then its he said she said, and you would have to take them to small claims, you can file if I can remember correctly a pauper's where you pay little to no money.  From there a judge will decide what is fair.  They can't file an eviction if you are already out, that is illegal.  

 


No, not every state does.  I know of 2 that don't have anything like that and are not very tenant friendly. 

Message 13 of 28
Established Contributor

Re: Breaking a lease - into collection???

Actually all U.S. States have to follow U.S Department of Housing and Urban Developement, however depending on each state certain statuates varies, but what the OP stated, this is a common issue.  


Starting Score: 565
Current Experian Score: 634 (Lender pull)
Current Equifax Score: previous 668, 680 as of 11/12/13 lender pull
Current Transunion Score: previous 675,677 as of 09/23/13
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Message 14 of 28
Epic Contributor

Re: Breaking a lease - into collection???

In my state for instance, the landlord is NOT required to make repairs.  The tenant is.  Unless the landlord signed an agreement to do so.  You take the rental as-is.  Even the Landlord/Tenant laws tell you it is not a tenant friendly state. 

 

They must not have received the memo.

Message 15 of 28
New Member

Re: Breaking a lease - into collection???

Thanks so much to all who replied ... yes, I have looked into the GA State landlord/tenant laws and they allow for 'reasonable time' in order to have repairs made or even begun.  I've always wondered what 'reasonable' time means ... two weeks?  30 days?  It may be an out for me regarding the lease, tho' ... will see where roof repairs stand over the course of this month while packing and moving, then move on to the certified letter route.

 

Thanks so very much, all!!  Smiley Happy 

Message 16 of 28
New Member

Re: Breaking a lease - into collection???

Just forgot to add ... I did report the roof damage as soon as I noticed it (I've reported *all* repairs needing tending, albeit via telephone calls to the office, nothing in writing).  The roof is not caving in at this point ... yet ... heh, tho' there's a threatening-looking creeping crack/hole in one of the front bedrooms.  The tarps are keeping the rain out.  But again ... what does the term *reasonable* mean regarding time in landlord/tenant laws?!

 

Thanks!

Message 17 of 28
Valued Contributor

Re: Breaking a lease - into collection???

Have you thought about just talking to the landlord and explaining the situation? You will catch more bees with honey on this one.

Scores: about 700 across the board
Total CL: $275k
Message 18 of 28
New Member

Re: Breaking a lease - into collection???

Hi madmann26 and, yes, that's the very first thing I did.  Quite pleasantly and reasonably, too.  The office worker was not interested in my explanations nor my reasons, she cited the three reasons allowed, and told me I'm responsible for the remainder of the balance until the office can re-lease it.

Message 19 of 28
Highlighted
Valued Contributor

Re: Breaking a lease - into collection???


ahiuan wrote:

Hi madmann26 and, yes, that's the very first thing I did.  Quite pleasantly and reasonably, too.  The office worker was not interested in my explanations nor my reasons, she cited the three reasons allowed, and told me I'm responsible for the remainder of the balance until the office can re-lease it.


Check your lease paperwork. Every lease that I have signed has included a clause that states that if I meet certain requirements (ie, timely notification of vacating, usually 30-day written notice) I can move out, though, I would forfeit my deposit or security monies.

 

 

Scores: about 700 across the board
Total CL: $275k
Message 20 of 28