Breaking a lease - into collection???

[Anonymous]

Hi all, I'm unfortunately going to have to break a lease with five more months remaining @ $820/month.  I gave written notice and listed good reasons for having to break my lease (not reasons for breaking listed in lease agreement, of course).  I currently have an excellent credit score of 788 on both myFico and Equifax reports ... how much will not paying this remaining rent hurt my credit score if it's turned over to a collection agency and reported?  I simply cannot afford to pay this rent on top of my other bills ... and depending upon assistance from my mother (in failing physical and mental health, one of the reasons I must break my lease) is really not an option I'd prefer to follow through with!  Thanks in advance for any replies, suggestions, answers ...   ahiuan

[GregB]

You will probably be better off if you work with them to make sure the property is completely ready to lease when you leave and do what you can so that they may lease it ASAP. You will only be responsible for their loss of rent and costs so try to make sure it is unleased for as short a time as possible. Hopefully, that amount will be something you can manage to pay.

IF you don't pay the correct amount and IF they turn it over to collection, then it would damage your credit heavily. IF it then becomes a Judgement, it would damage it more. Each damage would be 50-100 points.

[StartingOver10]

It depends upon the landlord. Many landlords will take you to court and get a judgment against you for the remaining balance due on the lease. Check your state's statutes to see if they landlord has to actively market the property to mitigate their loss. Some landlords will then actually go for an eviction process, even if you are out, in order to "poisen" your report.

Have you considered talking with the landlord to see if you can bring in someone else to take over your lease? Or to work out some agreement where you pay $X for a lease termination? Try to work out a solution where you are not left with a huge mess to clean up in the future with a collection, judgment or eviction record. Whatever you are able to work out, make sure to get it in writing from the landlord for your protection.

[Anonymous]

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!  :/ 

[Anonymous]

Hi StartingOver10, and thank you for your reply also.  Good ideas and I'll look into them.  I have already told the landlord (office) that they may begin showing it *now* for re-leasing.  Still, there remains the problem of the roof needing replacement ... not an easy sell for *any* potential tenant, I would think ... :/

[guiness56]

I agree.  Carefully look over the Landlord/Tenant laws for your state.  Most do not allow for a tenant not to pay rent due to repairs needing done but, many do have clauses stating if because the repair has not been done you can use that as a reason to move out.

In most states, there is also clauses that will tell you how long a landlord has to take action on a non-emergency repair.  If they haven't abided by these, you probably have a case against them.

[mmmlive1999]

---

@guiness56 wrote:

I agree.  Carefully look over the Landlord/Tenant laws for your state.  Most do not allow for a tenant not to pay rent due to repairs needing done but, many do have clauses stating if because the repair has not been done you can use that as a reason to move out.

In most states, there is also clauses that will tell you how long a landlord has to take action on a non-emergency repair.  If they haven't abided by these, you probably have a case against them.

---

What you are talking about is called constructive eviction. But there are rules around breaking a lease are very strict and involve the tenant having to have a record of complaining about said issue that is making the home uninhabitable. Check your with your city housing authority. But just not paying rent  doesn't work.

[guiness56]

---

@mmmlive1999 wrote:

---

@guiness56 wrote:

I agree.  Carefully look over the Landlord/Tenant laws for your state.  Most do not allow for a tenant not to pay rent due to repairs needing done but, many do have clauses stating if because the repair has not been done you can use that as a reason to move out.

In most states, there is also clauses that will tell you how long a landlord has to take action on a non-emergency repair.  If they haven't abided by these, you probably have a case against them.

---

What you are talking about is called constructive eviction. But there are rules around breaking a lease are very strict and involve the tenant having to have a record of complaining about said issue that is making the home uninhabitable. Check your with your city housing authority. But just not paying rent  doesn't work.

---

I don't think I implied for the OP not to pay their rent.  

The rest of it depends on what state and/or city you live in.  That is why I suggested they look at the Landlord/Tenant laws.

[mmmlive1999]

---

@guiness56 wrote:

---

@mmmlive1999 wrote:

---

@guiness56 wrote:

I agree.  Carefully look over the Landlord/Tenant laws for your state.  Most do not allow for a tenant not to pay rent due to repairs needing done but, many do have clauses stating if because the repair has not been done you can use that as a reason to move out.

In most states, there is also clauses that will tell you how long a landlord has to take action on a non-emergency repair.  If they haven't abided by these, you probably have a case against them.

---

What you are talking about is called constructive eviction. But there are rules around breaking a lease are very strict and involve the tenant having to have a record of complaining about said issue that is making the home uninhabitable. Check your with your city housing authority. But just not paying rent  doesn't work.

---

I don't think I implied for the OP not to pay their rent.  

The rest of it depends on what state and/or city you live in.  That is why I suggested they look at the Landlord/Tenant laws.

---

Sorry guiness56, I did not mean to reply to you about that portion just, the first sentence about the term "constructive eviction" . The rest of the msg is directed to the OP. I should have done two postings.

[guiness56]

---

@mmmlive1999 wrote:

---

@guiness56 wrote:

---

@mmmlive1999 wrote:

---

@guiness56 wrote:

I agree.  Carefully look over the Landlord/Tenant laws for your state.  Most do not allow for a tenant not to pay rent due to repairs needing done but, many do have clauses stating if because the repair has not been done you can use that as a reason to move out.

In most states, there is also clauses that will tell you how long a landlord has to take action on a non-emergency repair.  If they haven't abided by these, you probably have a case against them.

---

What you are talking about is called constructive eviction. But there are rules around breaking a lease are very strict and involve the tenant having to have a record of complaining about said issue that is making the home uninhabitable. Check your with your city housing authority. But just not paying rent  doesn't work.

---

I don't think I implied for the OP not to pay their rent.  

The rest of it depends on what state and/or city you live in.  That is why I suggested they look at the Landlord/Tenant laws.

---

Sorry guiness56, I did not mean to reply to you about that portion just, the first sentence about the term "constructive eviction" . The rest of the msg is directed to the OP. I should have done two postings.

---

Oh ok.  No worries.  I had to re-read my post to make sure I didn't steer them wrong lol.