We are one year into a three year lease and have come to realize we cannot afford the payment. I have read our lease agreement and there is nothing in it about ending a lease early. We initially negotiated a $200 a month reduction in rent in exchange for a three year lease even though it is doubtful anyone would have rented for as much as they were asking. Either way I have emailed our landlord and offered to stay until we can find a new renter and he said he had no problem with it. He just wanted me to contact his realtor to get that ball rolling. When I contacted her she pushed back on me to contact him and said we need to find out EXACTLY what his expectations are to get out of our lease early. Now he won’t respond to me at all and I’m really nervous. Anyone been though something similar and/or have any suggestions?
Typically when a lese is broken early the best thing to do is to find a new renter ... but if there is nothing in the lease about breaking it then thereis nothing they can do really.
There should be a secton in the lease on what the rules are on leaving a lease, usually 60days rent and notice, After that you can move out (well you can move out anytime but you are bound to a certain amt of payment), That gives him plenty of time to find replacements. If you can't find the section on the lease you can good what your state laws are on this, there is usually a specific timeline, some states it is 3mo or 90 day notice and then you are free and clear. If there is no part in the lease that explains this then he really can't puss too much on you.
Notices have to be given by the first of the month no later also. Someone else touched on that part I forgot, otherwise you have to wait a whole additional month.
If you reach a new agreement, get it in writing!!! I would think that there might be a possibility of him pursuing you for the $200/month for every month you were there, if that was indicated as a concession due to the length of the lease. Look into Arizona Landlord Tenant Law for general provisions on breaking a lease.
We just had our renter break their lease several months early there in Phoenix. They contacted us early on to let us know what was up, they had bought another house. He offered to find a qualified tenant, but he is also in the real estate business himself so has access to credit checks, etc..
Hopefully your landlord is reasonable and will work with you, even if he hasn't returned phone calls yet. You should be willing to show the house on his behalf. Then narrow down prospective renters for him to have final approval.
It is inherent in the lease that you are responsible for the remainder of the rent until another tenant is found. So it is best for you to work quickly.
I took responsibility for listing our house again on Craigslist and emailing our local book club and friends, etc. to let the nieghborhood know the house was for rent again. We found someone within a month.
What is the role of the realtor in this rental relationship? Is she just to list it on MLS? Most realtors don't manage rental properties.
Keep calling him and perhaps keep a log of what you have done to help find another qualified tenant. He could be out of town or have company for Easter and will get back to you shortly.
I have also been in your shoes in SoCA when we had to leave a lease early and the landlord was an absolute nightmare and would not allow us to break the lease, and would not allow us to find another renter, or sub-let...and he kept our entire security deposit and still found another renter. We were naive and I wish we would have asked for help, but I had 2 babies and just had to let it go.
Good luck. This happens all the time and both parties should be willing to work with you.
You need to do a letter & send it to both your landlord as well as the realtor spelling out your intentions. It doesn't need to be more than a sentence or 2 long:
Dear so-n-so,
I am hereby giving my 60 day notice for terminating the lease for Blankety-Blank Address. Thank you.
Hugs & kisses,
Ejessie
Seriously though, it doesn't need to say much more than that. You need to make sure you do it either today or tomorrow if your lease started on the first of the month so that way you could move out July 1st after your 60 days is over.
I am going to go on the assumption that the posters who said you only have to give 60 days notice have different laws than my state.
Here a lease is a contract, ya know like what the cell phone people make you sign, and you are bound to pay that rent until the end of the lease. Unless there are provisions in the contract for early termination of the contract. Only you would know that since you have the lease.
If you can find another renter who qualifies and will sign a lease for the end of your contract then you are free. They must agree to the amount and terms of your lease as well. I also think they must accept the apartment in fair condition. Like the landlord doesn't have to steam the carpet or paint the wall where you dinged it moving furniture in, ya know.
Read your contract, that is the best advice anyone can give you. If you don't understand it have an attorney explain it to you.
In Arizona a 30 day notice is required and it needs to be in writing. Then you need to go by what the lease says. Most leases have a clause for early termination. It is standard in the apartment industry to pay at least one additional months rent. In the housing market it is different because you have so many individuals. If there is no early termination clause, you may be stuck paying the lease until he finds someone else or your lease ends, whichever is first. It is illegal to collect rent from two separate parties on the same property here in AZ. Good Luck.
I am not seeing a problem here. It sounds like he is leaving it up to you to find a person to take over the lease and he is all good with that. I would clarify that is what his expectations. My understanding is that to break any lease is a fee of somekind by the renter. We have a rental property and they just get a fine that they broke the lease early. We have a mgt company so they would find the new renter.....so it just sounds like he is leaving this up too you...... stay or find me a replacement, but it should state in the lease that you are responsible to do that, otherwise you should be able to walk away with a fine. IDK for sure.... keep calling the realistate and get some more grounds on your rights.
