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Forced to break lease prior to moving in

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sideline81

Junior Member
What is the name of your state?What is the name of your state? TX, Dallas

Sorry this is long but I was just trying not to leave out any important details.

I recently signed a 13 month lease for a one bedroom apartment in Dallas, TX. I signed the lease towards the end of last month (August)and the move in date wasn't untill September 15 but the dates of the lease term were listed as October 1, 2005 thru November 30, 2005. Since signing lease, I have started college at UNT in Denton, TX. Since starting school, I have realized that I will not be able to work as many shifts at my resturant if I want to do well in school. Because of this and also due to the recent rise in gas prices, people are eating out less, which in my line of work translate to less tips. Working as a server, I do not get an hourly wage (technically I get 2.13/hr but that basically just covers taxes), therefore I depend completely on tips recieved from customers. Less customers = less money. So after figuring out my finances, I realized that with the current state of business I will not be able to afford the rent at my future apartment. Now I haven't paid any rent and I haven't taken ownership of the apartment. I haven't even set up any of my utilities or services to be transferred. I emailed the apartment manager yesterday morning after I had made my decision and once I got out of class in Denton I went to the apartment office to discuss getting out of the lease but when I arrived, the apartment manager had already left so I talked with the leasing agent that had shown me the apartment. She told me that if I broke the lease, the manager had originally told her I would own 2 months rent at the current market price along with a reletting fee of 80% of the current market rate. But she said her manager was willing to waive the 2 months fee, and only charge me the reletting fee. The reletting fee comes out to about $630. Now if I could afford to pay $630 dollars, then I wouldn't want to break the lease in the first place. I told her that I really like the apartments and if there was any option other than breaking the lease, I would do it. But until a money tree grows in my back yard, I will not be able to afford rent there after a month or two at the most. It is either back out of the lease now, before I move in, or try and rent the apartment only to end up not being able to pay and get evicted. Personally I think it is unfair to be charged some sort of fee considering the situation. Though I've learned to whether or not it is "fair" has nothing to do with it. Heck today was the first day that the apartment would even have been available to be moved in to so there is no cleaning that would have to be done. The apartment complex by the way is the Bellagio at Bent Tree, and seems to be fairly popular and almost always full so there should be no problem finding another tenant to rent the apartment. Last I checked there are currently no one bedrooms available. So am I legally binded by the lease to pay these fees considering I don't have the keys,haven't paid any rent, and haven't moved anything in? I just want to know what I'm talking about when I head over there to day to talk with the manager. Hopefully she's in a good mood......Thanks for the advice!!
 


BelizeBreeze

Senior Member
sideline81 said:
. So am I legally binded by the lease to pay these fees considering I don't have the keys,haven't paid any rent, and haven't moved anything in?
Yes, if that's what the lease says. We can't read it from here.
I just want to know what I'm talking about when I head over there to day to talk with the manager. Hopefully she's in a good mood......Thanks for the advice!!
Hopefully she is because you signed a valid contract and absent anything in that contract which would allow you to vacate the lease for the reasons you've given, you are responsible for the full term of the lease.

Now, that won't happen, but you can be held liable for any default clause , such as security deposit and expenses to relist the apartment as well as the rent until the apartment is re-rented.
 

JETX

Senior Member
sideline81 said:
Since signing lease, I have started college at UNT in Denton, TX. Since starting school, I have realized that I will not be able to work as many shifts at my resturant if I want to do well in school. Because of this and also due to the recent rise in gas prices, people are eating out less, which in my line of work translate to less tips. Working as a server, I do not get an hourly wage (technically I get 2.13/hr but that basically just covers taxes), therefore I depend completely on tips recieved from customers. Less customers = less money. So after figuring out my finances, I realized that with the current state of business I will not be able to afford the rent at my future apartment.
And of course, NONE of that is relevant to the specific LEGAL issue here.... and those things should have been 'factored' into your decision to lease.

Now I haven't paid any rent and I haven't taken ownership of the apartment.
THAT is very important... see below.

I emailed the apartment manager yesterday morning
Don't EMAIL.... PUT IT IN WRITING.
Simply, advise them that due to circumstances beyond your control, you are unable to take possession of the leased property. Make it simple, keep it short.
Give a copy to an 'authorized person' in the office and make a note of the time/date and name of the person.

She told me that if I broke the lease, the manager had originally told her I would own 2 months rent at the current market price along with a reletting fee of 80% of the current market rate. But she said her manager was willing to waive the 2 months fee, and only charge me the reletting fee. The reletting fee comes out to about $630.
Of course, NONE of that is relevant.... unless it is allowed in the lease you did sign. What, if anything, does it say about 'damages' if you breach??

Okay, here is the EXCITING part..... Texas law takes care of situation like this... where the renter hasn't taken possession of the property.

Texas Property Code:
§ 92.1031. CONDITIONS FOR RETENTION OF SECURITY DEPOSIT
OR RENT PREPAYMENT.
(a) Except as provided in Subsection (b), a landlord who receives a security deposit or rent prepayment for a dwelling from a tenant who fails to occupy the dwelling according to a lease between the landlord and the tenant may not retain the security deposit or rent prepayment if:
(1) the tenant secures a replacement tenant satisfactory to the landlord and the replacement tenant occupies the dwelling on or before the commencement date of the lease; or
(2) the landlord secures a replacement tenant satisfactory to the landlord and the replacement tenant occupies the dwelling on or before the commencement date of the lease.

(b) If the landlord secures the replacement tenant, the landlord may retain and deduct from the security deposit or rent prepayment either:
(1) a sum agreed to in the lease as a lease cancellation fee; or
(2) actual expenses incurred by the landlord in securing the replacement, including a reasonable amount for the time of the landlord in securing the replacement tenant.


So, unless your lease says otherwise, your ONLY obligation is to find another tenant... or if the landlord finds one... you CAN be charged for their PROVABLE costs in finding one and any unpaid rent 'loss' that they incur in the period between your lease start date and the 'new' replacement tenant.
 

sideline81

Junior Member
thanks

thanks for the help. I know a lot of my original post didn't have any bearing on legal issues, but i just wanted to explain my situation as best I could. I did consider almost all of the factors I listed including going to school and not being able to work as much. Unfortunatly several factor beyond my control played against me. BTW I have put everything in writting and will have it signed by parties involved later today. Again, thanks for you help.
 

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