bought house, need out of lease

[kap96]

We are closing on a house the 24th of this month. Our lease expires in November. We told our landlord in June that we were in the process of buying a house and we offered to pay him rent through August (although we won't be living there at that time) and let him keep our deposit for Sept. (one month's rent). This would only leave 2 months remaining in our lease agreement. We are also running ads in the papers trying to find another renter for him. We pay $550/month for the apartment and when we told the landlord we were buying a house and needed out of the lease (we've lived here for 2 years and been excellent tenants) he told us he wanted us to rent the place for $750/month. That's unreasonable, because it isn't worth $750. We've wasted over $100 already on ads for $750 and no one is interested for that price. Can the landlord ask us to rent the place for more than we currently pay in rent? What are our rights when it comes to termination of the lease? There is no termination clause in our rental agreement. Any advice is greatly appreciated. We're located in the state of Tennessee. Thanks.

[This message has been edited by kap96 (edited July 07, 2000).]

 

[Tracey]

L is taking you for a ride. L is only entitled to $550/month rent. He can't expect you to cover the rent until he finds some sucker to rent for $750. Your options:

Sue L to terminate the lease for acting in bad faith by refusing to let you sublet unless you find someone to rent for $200 more per month than you pay. Also claim the $100 you spent on ads trying to rent the place.

Leave & don't pay any rent after July, then when L sues you for unpaid rent, defend by arguing that L failed to mitigate his damages when he didn't rent the place for $550, and L should be forced to return your last month's rent & security deposit because he could have rented the apt as of August 1 with no trouble.

Sublet at $550 or whatever you can get for the remainder of the lease. If L refuses to allow a sublet, L is acting in bad faith & has breached the lease can't recover damages.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.