One month notice to landlord before end of the lease

[Hector]

Hi,

I signed a six month lease (beginning on 3rd week of August 2010). Due to some personal reason, I need to vacate apartment on first weekend of December. I am writing a notice and going to give it this evening. This property is managed by a property management company.

I have never done this before & I am here for advise.

Thanks

[disneysteve]

I'm not sure what you are asking. What are the terms of your lease? Does the lease spell out what you need to do to get out of it? It may say how much notice you need to give. It may specify a financial penalty for breaking the lease early. It all depends how the lease is written.

[Hector]

Terms says: The term will commence on xx/xx/xx and continue lease until Feb.xx.2011 for a total of $XXX(total for 6 month rent).

It does not spell out what do to do to get out of it.

I talked to a person who is managing the property and she mentioned that I am responsible for rent for contract duration and only option is that I find someone to take over lease.

[disneysteve]

It does not spell out what do to do to get out of it.

It usually doesn't. You are probably on the hook to continue paying rent for the remainder of the lease term. If you can find someone to sublet, that may be your only other option. It can't hurt to try and negotiate with the management and see if they'll accept a lesser amount. You said it is a 6-month lease and you'll be moving out 2 months early. Maybe they'll compromise and accept 1 months rent.

[cjscully]

I am responsible for rent for contract duration and only option is that I find someone to take over lease.

This is common. If your lease doesn't specify any specific conditions for early termination you are responsible for the length of the contract. If you move out early you can find someone to take over the apartment (sub-lease it to them) or the landlord can try to come after you for the deficiency on the lease. Whether or not such an action would be successful is another matter entirely.

In my state if you move out early and the landlord leases the apartment a month later, you could only be held responsible for the month the apartment was vacant and the rent was not paid. You could negotiate a settlement on the remaining amount owed.

[littleroc02us]

That sounds completely right. You signed the contract and they want the money which is due them. Find someone to take over. Advertise in the local paper.

[DebbieL]

I work for a Property Management Firm. If someone breaks their lease with us, we will keep their damage deposit, and try to re-rent the property. If we aren't able to re-rent it (if it is empty for a month) you are liable for the payment (although - really this would be like getting blood out of a stone). Truthfully, we just keep your damage deposit. I'm not saying it is the same where you live, so I don't know what you will be liable for.

We don't just automatically let you sublet the apartment. We would have to do credit check on the potential new tenant and make sure they are acceptable to us.

[Hector]

I work for a Property Management Firm. If someone breaks their lease with us, we will keep their damage deposit, and try to re-rent the property. If we aren't able to re-rent it (if it is empty for a month) you are liable for the payment (although - really this would be like getting blood out of a stone). Truthfully, we just keep your damage deposit. I'm not saying it is the same where you live, so I don't know what you will be liable for.

We don't just automatically let you sublet the apartment. We would have to do credit check on the potential new tenant and make sure they are acceptable to us.

What do you advice? I talked to property-manager on the phone. Should I give her written notice as well?

Lets say, if I stop paying room-rent once I move out, they will go to court and I will need to pay room-rent for that time period(for 2 months in my case). That sounds interesting.

I have posted an ad on CL. I will keep posting every 3-4 days. Apartment is good for the rent amount. I am optimist that I would find someone to take over my contract. If not, I might do this: I would stop paying room-rent after I move out. May be they will keep my deposit and things would end. If not, they might go to court and I will need to pay for room-rent for remainder of my contract. I would be okay with that. Would there be any other consequences?

[DebbieL]

I would give a written notice, but I would also just speak to the management company and explain your circumstances - hopefully they will be willing to work with you on this.

Like I said, I think the most we ever do is keep the damage deposit, but I can't guarantee that this company will be the same. It is so much better for you if they are willing to work with you towards a solution (finding a suitable renter to take your place).

Good luck!

[cicy33]

What do you advice? I talked to property-manager on the phone. Should I give her written notice as well?

Lets say, if I stop paying room-rent once I move out, they will go to court and I will need to pay room-rent for that time period(for 2 months in my case). That sounds interesting.

I have posted an ad on CL. I will keep posting every 3-4 days. Apartment is good for the rent amount. I am optimist that I would find someone to take over my contract. If not, I might do this: I would stop paying room-rent after I move out. May be they will keep my deposit and things would end. If not, they might go to court and I will need to pay for room-rent for remainder of my contract. I would be okay with that. Would there be any other consequences?

As said, generally the only consequences are the ones you listed. They can't do much else. It's not like you owed thousands and thousands. keep the deposit and possibly take you to court for the balance. That's it.

[Hector]

One more thing...
I am moving out two months before lease expiration date. Towards deposit, I gave last month's rent and half month's security deposit. Walk through was not conducted before I moved in and I moved in immediately after they done fixing some bathroom work. Because of that there was crap in bedroom and also in living room. Kitchen was not properly cleaned and it had some stuff from previous renter. I read that in this condition security deposit should be returned in full. Lets see what happens next...