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Thread: how to get out of a 1 yr lease 8 months early?

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    Default how to get out of a 1 yr lease 8 months early?

    I recently moved into my own place 3 weeks ago and signed a 2 year lease with the option to cease at 1 year-- because I had no tax return or proof of income, they required me to give them 4 months rent up front + 6 week deposit.

    I love my flat but I'm 90% at sure at this point I'm going to move in with my boyfriend, my rent is so freaking high at this place ($2,400 a month NOT including bills) and he has offered to take care of the rent/bills and whatnot so I can focus on getting out of my job and working a regular one, which is what I want at this point. I am truly burnt out on sex work and need a break. And I honestly love him and want to spend every day with him, which I pretty much do no anyway.

    We've spoken about this and he doesn't seem to think it's going to be a big deal for me to break the lease, but I am really concerned about having any kind of black mark on my record as it's already incredibly difficult for me to find a place being self-employed. While I of course hope we're going to be living together forever, I'm not that naive. I would love to keep my place for the rest of the lease, but could not get away with subletting without my landlord finding out. My place is in a great area and it's a good price for what it is, it was quite competitive to get it, so I don't see how they would have a problem finding a new tenant, but I signed a legal document and I feel like they're going to make my life hell to get out of it.

    We basically spend every night together anyway, but I would like to be officially out of here sometime between November 3rd and November 7th, as I plan to continue working until then to build up savings and assume it will take a few weeks to work this shit out with the agency. As of now my rent is paid until the end of January, and I know the likelihood of getting any of that back is extremely low, it would be fucking lovely to get it back, but it's not a deal breaker for me. The two things that are important to me are a) getting my $3,100 deposit back and b) not getting taken to court for rent/having an eviction notice on my record/having ANY kind of black mark on my record.

    Does anyone have any advice as to what the best way to go would be?

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    Default Re: how to get out of a 1 yr lease 8 months early?

    I suggest consulting with a lawyer who is familiar with the renting/leasing laws in your location. Also, if you haven't done so already, carefully read through your lease to see what it says about terminating your lease early, and if it has anything about subletting.

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    Default Re: how to get out of a 1 yr lease 8 months early?

    From my own experience, this ^^^^x100000! You can nvr be too careful abt reading thru the fine print.

    Once you've gotten all that figured out, why not approach your LL anyway abt the possibility of subletting? Particularly if you can have a subletter in mind, it could be a win-win -- you get your freedom, LL gets a tenant ASAP & the tenant gets a nice place quick. Otherwise, I 2nd eagle's recommendation to get a legal consultation just to make sure all your ducks are aligned.

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    Default Re: how to get out of a 1 yr lease 8 months early?

    Read your lease agreement and see if there's a breakout clause. You can simply ask your landlord what terms would cause the lease to be terminated as well.

    As far as your deposit goes, I have no idea. Probably should seek a professional on that.

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    Default Re: how to get out of a 1 yr lease 8 months early?

    "they required me to give them 4 months rent up front + 6 week deposit"

    You should be able to get the 6 weeks deposit back since (I assume) you didn't trash the place.
    If you gave the rental agency an early notice and they were able to rent out the place before the prepaid rent run out - they would'n have anything to take you to court.

    Let's say they have new tenant move in on 1st of Dec - should you get 2 months rent back?
    This will depend on how the contract is written and also if there are any laws that protect tenants in this kind of situation.

    "I love my flat but I'm 90% at sure at this point I'm going to move in with my boyfriend"

    Do you love his flat? Which one of the units is the better one - quality and location wise?
    How much time is left until the end of his lease?
    Let's say his lease was expiring in 2 months and your flat was the better one - doesn't it make sense for him to move in with you?

    This would be the safer option for you.

    Otherwise you run the risk of being out of a few thousand of pounds and with no place to stay if things don't work out.

    P.S. I think the subletting thing is a very bad idea.
    Even if it was legal - the last thing you need right now is to become part time landlord.

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    Default Re: how to get out of a 1 yr lease 8 months early?

    ^^^ an apartment lease is essentially a 'loan' by the landlord of the entire amount of rent due over the entire lease period, with monthly repayments by the tenant. Breaking the terms of a lease before the end of the lease period technically violates the 'contract' i.e. the tenant agreed to make 12 ( or whatever ) installment payments on a 12 * $2,400 = $ 28,000 ( or whatever ) one year lease 'loan', and now wants to reneg on the original deal. Doing so results in losses for the landlord ... both lost revenue as well as additional expenses to find a suitable new tenant.


    If you gave the rental agency an early notice and they were able to rent out the place before the prepaid rent run out - they wouldn't have anything to take you to court.
    The only 'clean' way out of a lease before the stated term is completed is by mutual consent of the landlord. Obviously the tenant has the option of simply 'walking away'. However, 'walking away' is likely to result in forfeiture of any and all moneys previously paid to the landlord, potential legal efforts by the landlord to 'recoup' ( a portion of ) the shortfall between the total original 12 month lease amount and the cumulative amount actually paid by the tenant, a 'poisoned' credit rating, a 'poisoned' reference for future landlords, etc. Finding a suitable new tenant may also involve advertising costs, cleaning costs, additional commission payments to a rental agent, etc. which are arguably the direct result of the tenant 'walking away' before the lease term is completed.

    Thus first order of business is to research the potential consequences of 'walking away' from a lease in your particular jurisdiction. The second order of business is to approach the landlord seeking mutual consent to an early lease termination.

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    Default Re: how to get out of a 1 yr lease 8 months early?

    Melonie has it straight[of course]

    Look at your lease for subletting options

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    Default Re: how to get out of a 1 yr lease 8 months early?

    Quote Originally Posted by nick73 View Post
    "they required me to give them 4 months rent up front + 6 week deposit"

    You should be able to get the 6 weeks deposit back since (I assume) you didn't trash the place.
    If you gave the rental agency an early notice and they were able to rent out the place before the prepaid rent run out - they would'n have anything to take you to court.

    Let's say they have new tenant move in on 1st of Dec - should you get 2 months rent back?
    This will depend on how the contract is written and also if there are any laws that protect tenants in this kind of situation.

    "I love my flat but I'm 90% at sure at this point I'm going to move in with my boyfriend"

    Do you love his flat? Which one of the units is the better one - quality and location wise?
    How much time is left until the end of his lease?
    Let's say his lease was expiring in 2 months and your flat was the better one - doesn't it make sense for him to move in with you?

    This would be the safer option for you.

    Otherwise you run the risk of being out of a few thousand of pounds and with no place to stay if things don't work out.

    P.S. I think the subletting thing is a very bad idea.
    Even if it was legal - the last thing you need right now is to become part time landlord.
    It's not really an option, besides the fact that my place is way too small for two people and a cat, his place is nicer, 3x the size, he has a better rental agreement (he's looking to buy a house this summer), and he needs an office for work (he has a 2 bedroom).

    I think the best option is to look through the lease and begin speaking to my landlord about exiting to avoid what Melonie has stated, I mean if I offer to vacate by mid November and agree to forfeit everything but my deposit, that's two months of rent where she would be collecting double. But I've never had this issue with a landlord, so I don't even know how to begin discussing it with her?

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    Default Re: how to get out of a 1 yr lease 8 months early?

    These are the only sections I can find applicable and I find them a bit confusing:

    This is the only thing I can find applicable in the leasing agreement, and I'm confused:

    The Landlord agrees that the Tenant has the right to terminate the Tenancy by giving the Landlord not less than two months’ advance written Notice to be sent by recorded delivery to Tenancy Terminations, This notice can only expire after the first 12 months of the Tenancy or at any time thereafter. At the expiry of the notice period the Tenancy Agreement shall cease except that either the Landlord or the Tenant can pursue their legal remedies against the other for any existing breach of any rights or obligations of the Agreement.

    If the Tenant vacates the Property during the Term, the Tenant will remain liable to pay Rent and any other monies payable under this Agreement until the Term expires or the Property is re-let whichever is earlier, whether or not the Tenant chooses to continue occupying the Property. If the Property is re-let during the Term, the Tenant will reimburse the Landlord for any letting agents’ fees or other reasonable costs incurred from that point until the end of the Term. This will include a deduction to compensate the Landlord for any Letting Commission charges payable to for the period of the Term in which Rent was not received as a result of the Tenant terminating the Tenancy in a manner contrary to the Terms of the Tenancy Agreement. For the avoidance of doubt this clause shall not take effect where the Tenant is operating a break clause contained in this Agreement.

    It also states without a doubt, absolutely no subletting.

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    Default Re: how to get out of a 1 yr lease 8 months early?

    "The only 'clean' way out of a lease before the stated term is completed is by mutual consent of the landlord. Obviously the tenant has the option of simply 'walking away'. However, 'walking away' is likely to result in forfeiture of any and all moneys previously paid to the landlord, potential legal efforts by the landlord to 'recoup' ( a portion of ) the shortfall between the total original 12 month lease amount and the cumulative amount actually paid by the tenant, a 'poisoned' credit rating, a 'poisoned' reference for future landlords, etc. Finding a suitable new tenant may also involve advertising costs, cleaning costs, additional commission payments to a rental agent, etc. which are arguably the direct result of the tenant 'walking away' before the lease term is completed."

    All true.

    Negotiated settlement is the way to go. I wasn't suggesting 'walking away'.

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    Default Re: how to get out of a 1 yr lease 8 months early?

    "But I've never had this issue with a landlord, so I don't even know how to begin discussing it with her?"

    "I love this apartment. I intended to stay here for very long time however suddently my circumstaces changed dramatically and I can't afford this place anymore.
    Can we work out some deal where I can move out early and you get another tenant? In this hot market you shouldn't have problem letting such nice flat quickly.
    I realy feel bad for causing this inconvenience."


    "The Landlord agrees that the Tenant has the right to terminate the Tenancy by giving the Landlord not less than two months’ advance written Notice to be sent by recorded delivery to Tenancy Terminations, This notice can only expire after the first 12 months of the Tenancy or at any time thereafter."

    The last sentence doesn't make sense to me. If it was:

    "This notice can only 'transpire' after the first 12 months of the Tenancy or at any time thereafter."

    than it would make sense - You can give notice only after first year of the 2 year lease.

    "If the Property is re-let during the Term, the Tenant will reimburse the Landlord for any letting agents’ fees or other reasonable costs incurred from that point until the end of the Term."

    This is a bit of open ended ... What if the new tenant trashed the place? Do you have to pay for this?

    "If the Tenant vacates the Property during the Term, the Tenant will remain liable to pay Rent and any other monies payable under this Agreement until the Term expires or the Property is re-let whichever is earlier,"

    So my previous point stands - if they re-let the property quckly they can't sue you.


    Before you start spending money on lawyers and parsing legal text - why don't you take human to human approach and talk to your landlady first?

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    Default Re: how to get out of a 1 yr lease 8 months early?

    I am going to play devil's advocate here. By doing this I am just trying to find out additional information that might help....

    Does your bf have a lease or own? When is it up? Why is it ok for you to break your lease but not his?

    Why did you rent a place 3 weeks ago if moving in together was possible? or was it then? Did something change?
    Nature knows no indecencies; man invents them. ~ Mark Twain


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    Default Re: how to get out of a 1 yr lease 8 months early?

    "The Landlord agrees that the Tenant has the right to terminate the Tenancy by giving the Landlord not less than two months’ advance written Notice to be sent by recorded delivery to Tenancy Terminations, This notice can only expire after the first 12 months of the Tenancy or at any time thereafter."

    The last sentence doesn't make sense to me. If it was:

    "This notice can only 'transpire' after the first 12 months of the Tenancy or at any time thereafter."

    than it would make sense - You can give notice only after first year of the 2 year lease.


    What it means is that the two month notice has to expire after the twelve months is up. In other words, she can give two months notice at the start of the tenth month or any time after.

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    Default Re: how to get out of a 1 yr lease 8 months early?

    "What it means is that the two month notice has to expire after the twelve months is up."

    Yes. You are correct - my interpretation was wrong.

    "In other words, she can give two months notice at the start of the tenth month or any time after."

    Wouldn't that be the end of the tenth month? ( Not that it matters much in this case. )

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    Default Re: how to get out of a 1 yr lease 8 months early?

    I think it's the tenth month, because then I would be moving out at 12 months.

    I've been doing research all day and so has my bf, it looks like my only option is to find another tenant and offer to cover all the costs of that.

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    Default Re: how to get out of a 1 yr lease 8 months early?

    We can all try and interpret the wording of your lease, but all that matters is the legal interpretation and your landlord's. Just go talk to your landlord. Don't be confrontational or aggressive, simply bring up the fact that you would like to terminate your lease early and ask what your options are. It's possible that the landlord will be willing to work with you, especially if you're open to helping find your replacement or forefeit some of your deposit. If they aren't receptive to the idea, then consult your local Housing Executive office, and finally a lawyer if it comes to it.

    Just checking out the basic rights and responsibilities of private tenants in the UK, you can only sublet a property if the tenancy agreement, or your landlord, allows it. (More here: https://www.gov.uk/private-renting/y...sponsibilities) Hopefully there's a clause in your agreement on that, but either way you will have to have a conversation with your landlord.

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    Default Re: how to get out of a 1 yr lease 8 months early?

    Wouldn't that be the end of the tenth month? ( Not that it matters much in this case. )

    Yep it would be the beginning of the 11th month not he 10th. My bad.

    As others have said the best thing to do is have a talk with the landlord to see what they are willing to do for you. People break leases all the time.

    OP seems to be more than willing to work with the landlord so I think they would be willing also.

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    Default Re: how to get out of a 1 yr lease 8 months early?

    How many vacant apartments are there in your building? The landlord is more likely to try to lease any of them before leasing yours, since you have to pay for 12 months per your lease. However, if the apartment market is tight, then the landlord may be more interested in getting a new tenant rather than letting yours sit vacant until your term expires.

    Unfortunately, since the landlord made you pay 4 months in advance, I don't see them jumping to cut you a break.

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    Default Re: how to get out of a 1 yr lease 8 months early?

    She doesn't own any other flats in the building, just mine. Considering my flat was literally on the market for one day I don't think it'll be much of a problem to find a new tenant, I will just have to pay all the fees incurred with that, which could be $1000-1200 unfortuntately, but better than the alternative obviously. From what I've read online, it's actually against the law for her to refuse a new tenant in my place.

    I don't want to contact her now because a) I don't have her contact info, I've been trying to get it from the letting agent for weeks and b) I'm in violation of the lease right now by having a cat on the premises. I read the lease through before but missed the tiny one sentence about animals. With work and having to do something with my cat, I can't have people coming and viewing the apartment. My boyfriend and I are planning about two or three weeka from now for me to move in, so I'm going to contact her the beginning of next week. But I can't see why she wouldn't force me to pay the fees for finding a new tenant when she legally can force me to.

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    Default Re: how to get out of a 1 yr lease 8 months early?

    I think it's the tenth month, because then I would be moving out at 12 months.
    That's the way the contract verbage reads to me. Expiration of the 2 month notice period must occur AFTER 12 months worth of tenancy have been completed. So backing up 2 months from 12 months and a day = 10 months and a day as the earliest point where notice to terminate the lease can be effectively posted. Obviously notice to terminate can be given at an earlier date, but this won't change the earliest effective date for notice expiry being 12 months and a day. Moving out prior to that 12 months and a day breaches the terms of the lease, without lessening the tenant's obligation to continue making rent payments for all of those 12 months whether she occupies the apartment or not ( unless a new tenant can be found sooner ).

    And, yes, it was expected that other costs related to finding a new tenant will come into the picture as well ... paying another rental agent's commission, another apartment cleaning post move-out, another set of advertising costs etc. Indeed this could easily fall in the $1000+ range in an 'upscale' market.

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