Need some advice about landlord

  1. Hi everyone...as some of you know, I bought a condo and closed at the end of last month. I ended up breaking the lease I had for my apartment (I had just signed it April 1). I sent my landlord a letter in May saying that I was moving out June 30....they sent me a reply that if they found a replacement, I would get my security deposit back. If not, I'd be responsible for the rent until they found another tenant. So I moved into my condo June 30, and returned the keys to my apartment to the rental office on July 3. The lady at the office said that she was not aware that I was moving out, but took my keys anyway, and took my forwarding address. I got a letter the other day dated July 11, for a rent bill w/ late charges. It said that if I did not pay within 5 business days, they would proceed with eviction. So apparently, they have not been looking for a new tenant for my old apartment. I missed a certified letter from the landlord today because I was at my parents' house this afternoon. I have to pick it up Monday. I don't know what to do. I sent them a notice in May, and they haven't looked for a tenant yet. Is this still my responsibility to pay? I have to talk to the lawyer that I used for my closing, but I don't think she has office hours on the weekend, I'd have to wait until Monday. I'm so worried because there's no way I can afford a mortgage, car payment, insurance, plus this rent. Just thinking about it makes my stomach feel like :throwup:. Plus, we're having our union negotiations and we may go on strike. I'm so stressed. Has anyone been in this same situation (breaking a lease)? Any advice?
     
  2. Do you have ANYTHING in writing that you gave them ADVANCE notice??
     
  3. Do you have the letter they sent you about finding a replacement..if yes..You have proof of notice.NO?
     
  4. Generally, they are required to make a good faith effort to re-rent your apartment.

    It sounds like either someone is really irresponsible or there was a huge communication foul-up.

    Hopefully, you sent the notice certified or in some way documentable and also kept copies. With all of that, your lawyer should be able to tell you exactly what you need to do.
     
  5. If they don't find someone to rent your vacant apartment, they can bill you for rent until your lease would have normally expired, whenever that is. You need to find a copy of the letter you sent your landlord notifying him of your intent to break the lease.
     
  6. Yes, I have a copy of the letter that I sent to them saying that I was moving out and the letter that they sent in response saying that I was responsible for the rent if they did not find a replacement.
     
  7. Their response to my initial letter was sent to me in either May or early June, I can't remember.
     
  8. Well, it sounds like they didn't find a replacement yet, and so according to your original agreement with them when you first informed them that you were breaking your lease, you were responsible for July's rent.

    I was in a similar situation when I moved from Chicago to KY. Stupid me: I thought my lease was up a month earlier than it was (I even checked and must have misread it). However, since I had a lease and I was breaking it a month early, I was responsible for that last month's rent. I paid it, and the landlord was gracious enough to refund me half of it retroactively because he found a tenant halfway through the month. But you were definitely expected to pay rent on July 1 (or July 5 since almost all rental agreements have a 5 day grace period) unless you had written confirmation from the landlord that a replacement had been found. I'm really sorry - it stinks!
     
  9. The thing is...when i returned my keys to the lady who runs the rental office, she said that the main office never told her that i was breaking my lease and that i was moving out...that was July 3. i sent my letter to them in May. So how do I know that they were actually trying to find another tenant for my apartment when the lady that runs the rental office didn't even know that I was breaking my lease? And why did that letter say that if I didn't pay the balance, then eviction process would be started if I didn't pay the July rent? I know you guys don't know the answer...I'm just frustrated because it doesn't seem like any of them are communicating. It seems to me that they haven't tried to find a replacement for the apartment.
     
  10. My friend was in a similar situation... she ended up having to pay out the entire year. It sucks, but I'm pretty sure that all the landlord is required to do is make sure that they do let prospective renters know that the unit is available, like if you give that notice and someone comes they can't say sorry we don't have any vacancies... but they can't force someone to take that unit if they want a different one and if your particular unit isn't rented then you're out of luck until it is. I'm not sure how it'd be resolved if there was a miscommunication, but I'm guessing since you're on the lease and didn't pay the rent even though you weren't notified that you weren't responsible for July rent, then you'll have to pay, even though that sucks. But def. see what your lawyer says.
     
  11. i think it's interesting that it says eviction process when you no longer are an occupant there nor do you have access to your former apartment.

    Good luck!
     
  12. i have never been in a situation like this. but i do wish you luck. take it one day at a time, it does your health no good to stress.
    things will resolve at work. if not you can come work were i work.the beauty of your profession is that you can find a job anywhere.
    sending hugs to you.
     
  13. I used to work for an appartment community...it was this huge place that has complexes all over the country geared towards college students...basically they L O V E to rip people off. Here was how it worked at the place I worked at:

    If the person wanted to move out they would either A) Have to pay full ammount of rent, gas, and any utilites until their lease was up B) Find someone to take over their lease. We never "looked" for anyone who may be able to take over someone's lease. However, if we got 100% full and someone came in wanting to move in then we would call someone who was on the waitlist to get their lease taken over. The original person on the lease wouldn't get their deposit back and still be responsible for any rent accumulated before the other person moved in. Basically I heard our manager always tell people OOOH we can find someone to take over your lease so don't worry but it was so wrong because we RARELY found a lease take over.

    I know that in the state of CA if they evict you, technically you are still responsible for any unpaid rent. And evictions take approximately a few months until they are done. Plus you would have to pay the court fees and their attorney fees. They can also send you to a creditor to get their money back. All in all the best thing you can do is find something in writing that says that they WOULD find someone to take over your lease.

    How much longer do you have on your lease? If there is still a substantial ammount of time, you may want to put an add on craigslist to have someone take over your lease or even sublet. You may have more luck if you would pay like $100 a month to cut their rent a bit cheaper....best of luck.
     
  14. Hi Cindy...thanks for the advice. I have another 8 months on my lease. I re-signed in April because I was not expecting to buy a condo. =( Maybe I will try to find someone on craigslist. My rent was $785, so $100 a month isn't too bad. *sigh* That's really stretching my budget though.
     
  15. I broke leases twice and both times found tenants on craigslist to sign a new lease so I did not lose any money and the landlords where very happy that I had found them. Craigslist is great! Ask your landlord if you could have the keys back and get some copies of their rental application so when you do find an interested tenant, you'll have those handy. In the meantime, you are stuck with paying the rent (unless the landlord is exceptionally nice).