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Sudden death in family, may need to break lease
by Anonymous
on October 9, 2009 @01:01
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Hi everyone. My hubby and I had a very sudden death in the family, and we may need to move back to our home state to take care of our mother (husband has been offered a great job in our home state near our mother). We are currently living three states away. We have lived in our current apartment for a year and a half and we have a great relationship with our landlord, who we share our 2-flat with. We always talk when we see each other walking our dogs, and my hubby and I have always paid our rent on time, if not early, and have kept the apartment clean and in excellent condition. I know many lease agreements require 30 or 60 day notice in writing for an early termination, however I've read over our lease agreement, and I can't find any specific provisions regarding notice in regards to breaking a lease, or early termination. My question is how should I approach the notice with my LL? Absolute worst case scenario is our LL will not let us break, then we will continue paying rent on the vacant apartment and live with our mother back home, but we would really prefer another option. There is six-months left on the remaining lease. Any advice would be very helpful! Thanks so much!
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Re: Sudden death in family, may need to break lease
by John (CA)
on October 9, 2009 @01:09
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If your relationship with your landlord is as good as you say, talk to him about it. Technically there is no notice required for early termination because you are not allowed to do it, otherwise it wouldn't be a lease. If you break the lease early, the landlord can hold you responsible for rent until he is able to find new tenants. However if this were me and a tenant I had a good relationship with had a story similar to yours, I would let them break the lease and move.
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Re: Sudden death in family, may need to break lease
by OK-LL
on October 9, 2009 @08:00
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You may want to offer a settlement payment to break your lease. The LL may lose rent while the unit is vacant after you leave and he is entitled to get the unpaid rent from you because you broke the lease. Typically, a court awards lost rents plus the cost of turning over the unit (cleaning, advertising, etc.). I would talk to the LL and offer a lease-break payment 2 months rent plus a flat sum for cleaning and advertising. Then pay that amount at the same time you pay your last month's rent and give the LL 30 days notice that you are leaving. The LL may agree to send you a pro-rated refund if he is able to re-lease the unit before the 2 months paid is up. That way, you have made the LL as whole as a court would, and you both avoid going to court and having the black mark on your credit -- plus you don't have to come back to show up in court. Sounds like a win-win solution to me.
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Re: Sudden death in family, may need to break lease
by Anonymous Landlady (VA)
on October 9, 2009 @09:26
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Very sorry to hear about your loss. As a tenant with a signed lease, it's your job to keep paying the rent, and whether you have a death in the family or not, if you do move out it's still your job to pay the rent. Meanwhile it's your landlord's job to do the best he can to find new tenants and get you off the hook. Be aware that this is a really bad time of year to find new tenants, so your landlord may not be able to get someone right away. Meanwhile, it is still your job to pay the rent. Talk to your landlord and explain the situation. I'm sure he'll be understanding.
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Re: Sudden death in family, may need to break leas
by Anonymous
on October 9, 2009 @10:11
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You are in the hen house here asking the fox for directions to the exit. So, do not expect much constructive help. However, if there is requirement for notice or penalty for breaking the lease you should notify the landlord of your extenuating circumstances and family emergency. It would be cruel of a landlord to deepen your suffering by requiring you to pay rent on an empty unit. Two months is all the landlord would get in a legal action anyway. Now is a good time to test the relationship between you and the landlord. Tell the landlord when you are leaving, repair anything that needs it and leave the place super clean. A death in the family is very disruptive. I hope your landlord understands that your circumstances are not something you chose. And, I hope the landlord does not chose to make it worse for you.
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Re: Sudden death in family, may need to break lease
by Anonymous
on October 9, 2009 @10:57
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(I'm the poster) Thanks for all the responses. I know my landlord lost a parent this year and was very upset, and knew about our loss (LL eve came in and fed our fish while we were out of town for the funeral), and even sent us a card. I just don't want a bad situation. We live in a major city, and our apartment is gorgeous, so I'm sure the LL would have no problem renting it out again. I guess our best option is to talk with her and see what we can do. :( We have a friend who has offered, if LL accepts, to split rent with us and he will live at our apartment through the remainder of the lease (and we can come visit on weekends). It really stinks too because we love this apartment, and will probably be living with a parent for a while if we move home.
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