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A little renter advice needed

L

Lee_Ro_Mo

New Member
Joined
Dec 28, 2006
Messages
39
My fiancee is planning to move out of her apartment and breaking her lease in order to relocate with me to a different city. She talked with the apartment office about this and they said she is responsible for one and a half monthes rent when she leaves. That's roughly 2000 dollars. She's had a few people tell her that she should blow them off and not pay it because there's little they apartment people can do. We plan to rent again, although it would probably be in my name. Is there any truth to what her friends are telling her? Does that sort of thing go on a credit report or hurt you in any other way? 2k is quite a bit of money to her, but she's leary to the idea of walking her lease like that. Any suggestions?

Thanks in advance.
 
I can tell you this from experience, if she breaks the lease without paying whatever "penalty" they will accept, it will show up on her credit report. Depending on her current credit situation it could be a small deal or a big deal. Try to negotiate for a lower penalty, but I can pretty much guarantee that any non-payment will be reported. I would be honest with the landlord and try to work for a resolution.
 
jstrat said:
I can tell you this from experience, if she breaks the lease without paying whatever "penalty" they will accept, it will show up on her credit report. Depending on her current credit situation it could be a small deal or a big deal. Try to negotiate for a lower penalty, but I can pretty much guarantee that any non-payment will be reported. I would be honest with the landlord and try to work for a resolution.
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x2

Believe the friends. I've ruined many a renters' credit scores because of this :laugh:
Seriously though...the landlord wants their loot, and the credit thing is to ensure tenants don't do exactly what your lady is contemplating.
One way to avoid the penalty is if you guys can work it so another renter takes over at the end of her written notice, there should be no penalty.
If all that doesn't work for you guys...they won't throw you in jail or anything, but it is within their rights to move against your credit rating.

Best of luck :thumbs:
 
I'm not entirely sure about this, but I think if you tell them you are going to sublet the rest of her lease to someone else, they either have to let her or break her lease if they don't want her to sublet.
 
Shibumi said:
I'm not entirely sure about this, but I think if you tell them you are going to sublet the rest of her lease to someone else, they either have to let her or break her lease if they don't want her to sublet.
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Most lease agreements let you know one way or the other about sublets. Although unless it's some shack, I'd say it's a safe bet the do not allow it.
Sorry to say...unless these folks are friends, or INCREDIBLY nice, they aren't just going to let you break a lease for the hell of it. That's why it's a lease agreement and not a month-to-month :(
 
If you can prove they are not upholding the lease agreement, then you are pretty much hosed. I can walk out from under my lease any time I want because the Manager hasn't held the lease agreement in accordance to what is stated. But alas, if I went to her and said I want to break my lease and this is the reason, she can either be nice or I take them to court. And she doesn't want that either because at her age, the owner would be pretty pissed off. I'd win my case without even trying and that is the ironic part of the whole thing. But I have been here for over 4 1/2 years tho.

On a side note, I noticed that you put Nacogdoches from where you are from. I have some family not overly far from there. I had to watch my Grandmother pass away at the hospital there when I was stationed at Ft Hood.
 
With regards to Real Estate, Leases are different from State to State. There are alot of different things she has to consider. Is she willing to deal with the small headaches that could come in the future in regards to her credit report.

She should explain to them that this is not just her "breaking" the lease. She is actually relocating with her fiance (Yeah, use this word not boyfriend). She should also read her lease very carefully. Tell her to do a little research on the internet to find out what recourse the rental company has against her...

Or....

She could just say screw it.... that you are more important than the $2000 they want....... :love: :sign:
 
It can and will go on her credit report. If you and she ever buy a house you will have to pay that amount in order to get a mortgage. I suggest you pay them.
 
In the case that she's moving out of the area, she might be able to break the lease because of geography. Maybe there's a clause somewhere in the lease that will help you out.

Cheap legal advise might be better than paying the whole $2k, so check with a paralegal or lawyer about the specifics of the lease.
 
It all depends on how much she values her credit rating. If you have money, your "credit score" is much less important than if you don't.
 
I have a good friend that works for Caldwell Banker. I rent from her. If you dip out on that month and a half, they WILL put it on her credit report. They don't even need her social to do it. Just pay the piper now, it'd be better in the long run. ;)
 
What everyone else said...she signed a contract that is legal and binding. and they have every right to put it on her credit report. If she does not have the money, she should ask if a monthly installment plan is available until the debt is payed off, or just ride it out until the lease is up, then join you wherever you 2 are going. Beats the heck out of a major scar on the credit report that could affect her down the road.
 
She only has 1.5 months left on her lease? If so, I'd suggest just paying the lease off and moving on.

When I rented, I had to relocate and worked out the number of months I had to pay on my lease. I think I had 9 months left and we negotiated and got it down to 2. They will be much more willing to work with you if you let them know that you are moving out of town or even the state.
 
They can absolutely put a black mark on her credit report. I got hit once just for a late payment.
 
I broke my lease with 6 months on it. They weren't going to let me do a payment plan or anything, so I just said "screw it". One year later, the apt complex went under new management, I got a call from them saying they were waiving all fees except my water bill of 13.50. Not sure what would have happened otherwise. I was told to try and find someone else to takeover the lease.
 
I would head to my local realtor and get a copy of Truth in Renting for your state. It's a guide to your rights and responsibilites for residential landlords and tenants.

This is what I do for a living, and in an average year I do between 600-700 leases, but the greater majority of them are short term and they aren't nearly as regulated and 90 day + leases. I'd be happy to send you a booklet from New Jersey, but I don't know if it would help.
 
Shibumi said:
I'm not entirely sure about this, but I think if you tell them you are going to sublet the rest of her lease to someone else, they either have to let her or break her lease if they don't want her to sublet.
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Ditto what all the others have said here about thinking to just blow them off. Also, subletting, assuming it's even permitted, can be an absolute nightmare. Many risks involved in that, that I'm sure vary from state to state. But if you do sublet, you can risk exposure for damage done, premises liability, late payments, etc. You can in turn go after the sub-lessee (seek indemnification), but often that can prove as practical as the old blood-from-a-stone adage.

Why doesn't she just sit out the next 1.5 months and then show up at your new place after that? Otherwise, just pay it and be done with it. By far the easiest, least risky thing to do.
 
I knew I could count on ya'll! (that's ya'll, conjunction of you and all for you yanks). Great advice. I'm sure she'll just pay the 2k and be free of it. That's what she planned on doing anyways.

Great cigars, interesting banter, and sound legal advice. CP; you're my new best friend.
 
Not only will this be a ding on the credit report, but it will be a collection - which will drop her credit score severly. If she plans on buying a house in the future - depending on the loan - she (or the both of you) will face a higher interest rate ultimately costing more than the 2 g's.

Scott
 
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