How can I get out of a 12 month apt lease without losing my deposit?

Question

My apt is horrible.

Spiders everywhere.

Possible mold....

Cops always patrolling the parking lot.

s*x offenders within a one mile radius...

I never caused any trouble plus never late on my rent.

I've lived here for 6 months ...

What do i do????

Answer 1

Whenever anyone wants to break their lease, they find all kinds of reasons why they should be able to do it with no penalty.  If your apartment is horrible, you saw it before you rented it...why did you rent it?  Buy some spider spray, and where is your mold, in your tub or shower?  Scrub it with bleach, because if you don't clean regularly, mold develops in wet areas.  I am glad to hear that cops are patrolling the parking lot, they are doing their job!  As far as s*x offenders, how do you know how many there are, and that they are within a 1 mile radius?  One mile is a big area to know every single person that lives in it, and their background history.  I would say that you will not be able to just break your lease and move out, or the landlord will probably sue you in court.  Also, as far as paying your rent on time, that is your obligation under the lease, you get no credit for that.  Didn't you research the area before you rented?  

Answer 2

Ask nicely. You signed a contract.

Answer 3

Talk to your landlord and be polite.

If you're in a situation where the landlord is justified in penalizing you for breaking the lease, it's up to him or her whether they actually want to enforce the penalties. If you're polite and honest about your reasons for leaving, they may let you out of your lease without any penalties.

When doing this, remind them that you're a good tenant and you were able to deal with all of the imperfections of the apartment for the last 6 months. Also, you could offer to find a replacement yourself, assign the lease or sublet. If they like you as a tenant, they may be happy to receive a recommendation from you for a replacement tenant. If they agree let you out of your lease without any penalties, remember to get it down in writing with both of your signatures.

If the landlord decides to penalize you, its recommend following whatever was laid out in the lease.  

Answer 4

You need to have the proper authorities deem the apartment uninhabitable, otherwise you are liable for the full term of the lease.

Spiders can be exterminated or at least controlled. Buy a bottle of spray and spray around the foundation and in the basement.

Police patrolling does not affect your lease.

Possible mold is meaningless. Prove that it is toxic mold and you may have a reason to break your lease only if the landlord refuses to repair/remediate.

s*x offenders are everywhere. The landlord has no control of where they live. It is your responsibility to thoroughly research the area that you chose to rent in.

The landlord does not have to let you out of the lease without it costing you $$$.

You have three choices in this situation:

1. Offer to pay to advertise the rental. Offer to have the rental in show worthy condition and allow showings as often as needed in order to get a replacement tenant. Offer to stay until the replacement tenant can move in. This way, the landlord suffers no loss of rent, you are not paying for a place in which you do not live and all you are out is the advertising costs. Your credit and rental histories will not be affected.

2. Negotiate a lease buyout with the landlord. Start by offering the amount equal to 2 months rent. The landlord may require another month. If you come to an agreement, get it in writing. This way your liabilities end with the lump sum payment. Your rental and credit histories will not be affected.

3. Move out without any agreement. The landlord can hold you liable for the rent until either the lease expires or a replacement tenant is found. The landlord can hold you liable for any costs he incurs due to your breach, such as advertising costs, agent fees, etc.

If you do not pay the amounts above, the landlord can sue you. The judgment will include not only the costs mentioned, but court costs and accrued interest until the judgment is paid.

Your rental and credit histories will be ruined. The judgment can be renewed for up to 20 years and the landlord can garnish wages or bank accounts, place liens on (future) personal property, etc.

Future landlords will deny renting to you due to the unpaid judgment. Many employers check credit, so you can be scrutinized for having the open judgment against you. Insurance companies and other creditors pull credit and adjust your rates dependant on your credit, so you will be paying higher rates for many years.

You cannot sublet unless the landlord gives you permission to do so.

Subletting can be a bad idea, because you are essentially the subtenants landlord and remain liable to your landlord for the entire lease term. If your subtenant fails to pay rent, damage the place or default in some other way, you are responsible to evict them. You are still responsible to pay your landlord any rent or damages owed. You then have to sue your subtenant to collect from them.

Answer 5

You are legally liable for the rent through the end of the lease.  Even if you ask "nicely," and the landlord agrees, you will lose your deposit at the very least.

Answer 6

Sorry but you are liable for the remainder of the lease.  That is why landlords make you sign a lease, it is a binding contract.   Make sure apt is in tip top shape.  always take pics of before & after.  They could say you did a lot of damage.  If you put up deposit plus one months rent, they can apply the rent to balance.  I would be glad cops are patrolling  the parking lot, unless you have something to hide. There are s*x offenders everywhere, see if they will work with you by letting you make out monthly payments while you live else where, if not you have to pay or stay.

Answer 7

None of the excuses you list are sufficient for you to terminate your lease early without financial penalty.  Your choices are to stay where you are for another six months, or to pay whatever penalties are involved with early termination and move.