early lease termination due to work in NE

[drummer_chic]

I rented a duplex in Lincoln, NE and signed a years lease when I first accepted my new job. Now I have to move to continue to work, which was not a previously known thing. WHen I signed my lease, we didn't put in a clause about relocation due to work and the only thing mentioned in the lease about early termination is under reasons not to get the deposit back. This says that the deposit will not be returned if the tenant doesn't stay the duration of time listed above...which is 1 year. Does that mean that I can terminate my lease and only forfeit the deposit, granted I give the 30 days notice most landlords require?

If I turn down the job relocation, I would have to find another job and so far all I can get will not pay enough to make the rent, which will get me evicted. But I can't afford to pay the rest of the years rent in order to take the job relocation and find another place to live as well.

Any advice on what I should do? I have to figure this out ASAP so I can let the company know if I will be moving or not.

Thanks!What is the name of your state (only U.S. law)?

 

[Mrs. D]

In most cases, the tenant is responsible for paying rent when they terminate a lease early until the unit is re-rented. The LL must make a good faith effort to re-rent the premises. Original tenant is also responsible for any charges the LL incurs in re-renting the unit as well as damages beyond normal wear and tear.

Have you talked to your LL about this yet? If you have a little time, you may be able to work something out where you help the LL find a new tenant or sub-let for the remainder of your lease instead of terminating early and get off pretty cheap. Your best bet is to GO TALK TO YOUR LL ABOUT THIS RIGHT NOW.

 

[Alaska landlord]

Explore the possibility of relocation expenses with your new employer. Many give a sign on bonus and moving expenses which you can use to pay out your lease agreement should your LL accept some offer on your part for a release of your obligation.

 

[Mr. Nice]

[T]he only thing mentioned in the lease about early termination is under reasons not to get the deposit back. This says that the deposit will not be returned if the tenant doesn't stay the duration of time listed above...which is 1 year. Does that mean that I can terminate my lease and only forfeit the deposit, granted I give the 30 days notice most landlords require?

No, you likely can't terminate your lease and only forfeit your security deposit.

Almost certainly your landlord has the responsibility to mitigate his damages occasioned by your breach. Why not offer him a couple of months rent to let you terminate the lease?

 

[MIRAKALES]

The changes of life and personal circumstances are not legal basis to violate a lease agreement. The acts of marriage, birth, relocation, illness, job termination, etc. occur every day. The only life circumstances that warrant the termination of a lease agreement are active military duty and death.

Tenant is obligated for the full annual rent amount through the termination of lease agreement. According to the lease agreement that is one full year. Management’s business intention was to lease for a one year period, not a month-by-month time period for tenant's personal convenience. The option for “lease buyout” is usually only a consideration after tenant has occupied premises for at least one year, or six months prior to lease termination. Otherwise, management and tenant would have entered into a month-to-month rental agreement. Management now has to again clean and prepare the premises for re-rental, re-advertise the rental, re-show/prescreen new tenants, and take legal precautions to recover lost rent.

It is nice that tenant has a motivated purpose and reason to move… generally, that is the case with a request for early lease termination. However, one tenant’s reason is no more meaningful than the next. The reasons for early lease termination range from birth/children, employment relocation, marriage, property purchase, sickness/illness, unemployment, etc. In many cases, the reasons for early lease termination are often times invalid. Fortunately or unfortunately, there is an annual lease agreement in place that management can and will enforce.

The payment of rent on a monthly basis is a financial payment arrangement for convenience, but note that the lease agreement specifies a TOTAL ANNUAL rent amount. In signing a one (1) year lease agreement, it is presumed that both landlord and tenant have researched their rights and obligations prior to lease signing. If tenant opts to violate the lease agreement, be prepared to PAY for the consequences until management can find a qualified, suitable tenant. (If other vacant rentals are also on the market within the same complex, those apartments will take priority order over tenant’s current rental.)

The other option is to request that employer compensate for the early termination and moving expenses. Relocations often are expensed by the new employer. Check with the new employer to confirm whether the cost of moving (which includes lease termination) are covered by the employer's job agreement.
(Unless a contract employee, this is becoming less common with the economy.)

 

[Hot Topic]

And remember that although the landlord may be required to make a good faith effort to find another tenant, he doesn't have to rush his choice because it's inconvenient for you to pay two rents.