Breaking apartment lease

[jason37]

I leased an apartment in Loudoun, Virginia and about 6 months ago renewed the lease. Following job loss, we were no longer able to make the payments and decided to move to lower cost location. The lease specifies attaching two-months rent as a break-lease fee. Because of our situation, we were not able to attach such a sum. We spoke face-to-face with the assistant manger and explained our situation. He said it would be up to the manager but they might be able to allow one month owing to the hardship situation. We provided additional explanation but somehow (not explained) it was found not acceptable.

Since then, we have moved out. Now the complex is demanding the two-months early break of lease fee plus a penalty of two additional months because we moved without the official "notice" (i.e., written notice plus two-months fee).

On top of this, I have had to break into my IRA to afford the new location and incur the 10% penalty plus pay taxes, etc., etc..

 

[racer72]

Did you have a question?

 

[jason37]

Yes - what is the appropriate way forward to seek relief? Since I gave written notice which met the time requirement of the lease (30 days) and offered to negotiate some settlement, but have not heard anything other than what I stated earlier, what options exist? Take to small claims?

 

[divona2000]

...The lease specifies attaching two-months rent as a break-lease fee...the complex is demanding the two-months early break of lease fee plus a penalty of two additional months...

...what options exist? Take to small claims?

Yes, the complex probably will take you to small claims court...

 

[jason37]

Somehow, I have to think there is more which can be done to protect myself than just laying-down and taking my medicine.....

 

[Gail in Georgia]

Well, you can always plead your case should this end up in court but it appears you were well aware of the lease breaking fee and failed to provide this to legally get out of the lease.

Gail

 

[sandyclaus]

I leased an apartment in Loudoun, Virginia and about 6 months ago renewed the lease. Following job loss, we were no longer able to make the payments and decided to move to lower cost location. The lease specifies attaching two-months rent as a break-lease fee. Because of our situation, we were not able to attach such a sum. We spoke face-to-face with the assistant manger and explained our situation. He said it would be up to the manager but they might be able to allow one month owing to the hardship situation. We provided additional explanation but somehow (not explained) it was found not acceptable.

Since then, we have moved out. Now the complex is demanding the two-months early break of lease fee plus a penalty of two additional months because we moved without the official "notice" (i.e., written notice plus two-months fee).

On top of this, I have had to break into my IRA to afford the new location and incur the 10% penalty plus pay taxes, etc., etc..

It's not your apartment complex management's fault that you lost your job. If the lease states that payment of the 2 month lease break fee is mandatory for early termination, then you owe it, plain and simple.

In addition, if you did not provide sufficient notice according to your State's laws and/or your lease terms, then you can ALSO be held liable for the additional unpaid rent due from the date when you actually provided proper notice and the end of the legally prescribed notice period.

There is no relief that you are entitled to here. Everything that the management is demanding from you is precisely what the law allows and/or what you agreed to in the new lease you signed. How you believe your current financial situation allows you to somehow get out of your financial obligations according to the law/lease is beyond me.

Stop making excuses and pay what you owe, or you can certainly expect the management to come after you in a court of law to get what they are entitled to in this situation.