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How to get out of a lease- quick?

Discussion in 'Fred's House of Pancakes' started by galaxee, Aug 1, 2005.

  1. galaxee

    galaxee mostly benevolent

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    Yeah I know it's a dumb question. But we have special circumstances.

    No, no baby on the way, folks. Just found the most beautiful big 2 bedroom townhouse in town and they just offered it to me for $10 more a month than we're paying for our little one-bedroom in mega-apartment-complex land. And our lease here only renewed FOUR DAYS AGO!!!!! :cry: I don't want to pass this up. So how do I get out of a lease 4 days after it renews?

    Any ideas? Please! I'm desperate! Do you think they'll be nice or will they be jerks about it? I'm not paying all the lease breaking fees and rent until they re-rent the place.
     
    #1 galaxee, Aug 1, 2005
  2. ltu1542hvy

    ltu1542hvy New Member

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    Wish I had an answer to your lease question other than talk to your leasing office and ask "pretty please" if you can get out of your lease and hope and pray for the best, but I don't.

    However, pray tell, where in town is this magnificent townhouse that you found?

    Just curious...
     
    #2 ltu1542hvy, Aug 1, 2005
  3. galaxee

    galaxee mostly benevolent

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    It's about halfway between the dealership and Duke, actually. It's on a road parallel to 15/501 near Cornwallis.

    Oh, I hope they're nice to me. I hate moving but this place is something else! Such a cute litlte neighborhood and everything.
     
    #3 galaxee, Aug 1, 2005
  4. IsrAmeriPrius

    IsrAmeriPrius Progressive Member

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    If you walk away, the landlord has a duty to mitigate damages and re-rent the unit ASAP for a comparable amount of rent. You can only be charged rent until the place is re-rented. In California, you cannot be assessed fixed or predetermined penalties, only the actual out of pocket expenses suffered by the lessor which are attributed to breaking the lease. It may negatively reflect on your credit rating, though. Your security deposit should be returned less the cost of resorting the apartment to its pre-rental condition allowing for normal wear and tear.

    Have you talked to the manger/owner/leasing agent? They may be willing to work with you. Another option is to sublet the place or to have someone else take over the lease.
     
    #4 IsrAmeriPrius, Aug 1, 2005
  5. galaxee

    galaxee mostly benevolent

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    I'm going tomorrow. The offer came in just as the office here closed. But you can bet I'll do anything to get out of here.

    What makes me nervous is that on my lease (standard NC apartment lease) it says this:

    5) Prior to vacating premises, lessee shall pay lessor, in certified funds, an additional sum calculated by lessor at the time of entering into an "early release accord and satisfaction" with lessee.

    This would be one thing that worries me. Paying rent until the place is re-rented is also rather worrisome, as all our neighbors are moving out. I think it is move-in season, because Duke classes start at the end of the month, but there are 2 apartments that have been empty here for months.

    I'm hoping I can get away with them just dismissing it, since it's only been 4 days. I guess it will be 5 days by the time I ask to be released from the lease.

    Oh, the agony!
     
    #5 galaxee, Aug 1, 2005
  6. IsrAmeriPrius

    IsrAmeriPrius Progressive Member

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    Well, any luck?
     
    #6 IsrAmeriPrius, Aug 4, 2005
  7. galaxee

    galaxee mostly benevolent

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    oh! yes. i've been so busy lately it slipped my mind.

    they were very nice indeed. it turns out they were losing money on us anyway (we have a $100/month discount) and they had a line of people waiting for a 1-br there. so they let us out, no trouble at all. we're moving this weekend, which is way sooner than i expected, hence all the stress and busy days.

    they would have, under normal circumstances, charged $1200 and revoked our discount, requiring us to pay the $100 a month extra since we started living there a year ago. so it would have cost us $4800 plus rent until they moved someone else in...

    whew! :)
     
    #7 galaxee, Aug 4, 2005
  8. ltu1542hvy

    ltu1542hvy New Member

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    Congrats on getting out of your lease! I figured it couldn't hurt to ask. Also, y'all going to need any help moving this weekend?
     
    #8 ltu1542hvy, Aug 4, 2005
  9. galaxee

    galaxee mostly benevolent

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    aww thanks Bill, but we've got it more than covered :) everyone at school wants to help. (beats me why...)

    actually, most of the work is in the packing as far as i'm concerned.

    well. back to work.
     
    #9 galaxee, Aug 4, 2005
  10. IALTMANN

    IALTMANN New Member

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    Good going getting out of the lease...that was a bind and you did luck out..good
     
    #10 IALTMANN, Aug 5, 2005
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