• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Breaking a lease

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

sook

Junior Member
What is the name of your state (only U.S. law)? CA

Hi all, new to the forum and I need some advice.

I cosigned for an apartment lease for my adult daughter. She'll have bee3n in the apartment for two years come January, although her lease is not up until March 31. She has been given an opportunity to move to a house that would not only be more comfortable, it would save her money--which she badly needs as the rent in this apartment has become too much for her because circumstances have changed over the past year. If she stays in the apartment, she is in danger of not being able to pay the rent and therefore get evicted. If she takes this opportunity to move, it will help her a lot financially so I'd like for her to be able to do it.

The kicker is, she has to give 30 days notice (which is no problem) and pay an extra $1000 to break the lease and get out early. She does not have an extra $1000. If she waits until her lease is up, she'll lose out on this other opportunity and with her credit and income, it will be difficult to rent another apartment.

My question is...although it's wrong, what if she just gives the 30 day notice but moves out without paying the $1000 lease breaking fee? Will this harm my credit? Hers is trashed anyway so we're not worried about that, but mine is stellar. Will it affect my ability to rent another apartment in my own name?

Please don't judge my daughter. She has gone through some difficult times and is doing the best she can. The economy and job market in California are awful. I just want to know what will happen if she breaks the lease without paying.

Thank you for your advice!
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? CA

Hi all, new to the forum and I need some advice.

I cosigned for an apartment lease for my adult daughter. She'll have bee3n in the apartment for two years come January, although her lease is not up until March 31. She has been given an opportunity to move to a house that would not only be more comfortable, it would save her money--which she badly needs as the rent in this apartment has become too much for her because circumstances have changed over the past year. If she stays in the apartment, she is in danger of not being able to pay the rent and therefore get evicted. If she takes this opportunity to move, it will help her a lot financially so I'd like for her to be able to do it.

The kicker is, she has to give 30 days notice (which is no problem) and pay an extra $1000 to break the lease and get out early. She does not have an extra $1000. If she waits until her lease is up, she'll lose out on this other opportunity and with her credit and income, it will be difficult to rent another apartment.

My question is...although it's wrong, what if she just gives the 30 day notice but moves out without paying the $1000 lease breaking fee? Will this harm my credit? Hers is trashed anyway so we're not worried about that, but mine is stellar. Will it affect my ability to rent another apartment in my own name?

Please don't judge my daughter. She has gone through some difficult times and is doing the best she can. The economy and job market in California are awful. I just want to know what will happen if she breaks the lease without paying.

Thank you for your advice!
This may certainly harm your credit and could also result in a judgment against you.

Why don't you pay the fee to break the lease and have her pay you back?
 

sook

Junior Member
This may certainly harm your credit and could also result in a judgment against you.

Why don't you pay the fee to break the lease and have her pay you back?
I would if I could, but I don't have it either. And neither of us have assets to seize, either. We both drive clunky old cars.
 

Searchertwin

Senior Member
There is no way out of the amount when breaking the lease.

Advice would be to see if they would accept monthly payment of XXXX till the amount is met. All they can say is "no".
 

justalayman

Senior Member
There is no way out of the amount when breaking the lease.

Advice would be to see if they would accept monthly payment of XXXX till the amount is met. All they can say is "no".
great suggestion


and a warning:

if they do accept a payment plan, stick to it or I would expect that you and your daughter would promptly be sued for not the $1000 but the remainder of the lease (or the amount accrued until a new tenant was found). You would both have a judgment on your credit record and be damaged by that reporting as well as being a target for any action legally allowed to get the money from the judgment (seizure of assets, garnishment, liens on property)
 
Apartment Owners are subject to the same hard times as tenants

Yep... I'm disappointed and as an owner experience this from tenants. Tenants assume their situation is harder than the owner's situation and assume the owner has lots of money. In many cases, the owners are managing debt and to break a lease imposes an unexpected hardship on the owner.

If you ask me, the $1000.00 fee to break the lease is more than reasonable.

You ask not to judge you or your daughter, yet it is clear you are looking to stick it to the landlord.

The least you can do is be fair and honor the agreement.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top