How can I get out of my lease legally?

Question

My roommates and I were already signed on to a lease for a year and the building was sold 3 months after it started (sept). The new landlord bullied us into signing a new lease for another year in early January or else he'd start showing the apt. everyday right away. We signed, but in June, one of our roommates had to leave. She kept her rent payments coming, but could not do so for another year. We notified the landlord and found a new place. He sold our place in early Aug. for less then we agreed to pay in the second lease and he wants us to pay the difference. We said we would in monthly payments, but he demands it all up front. We just can't do that and he says he's gonna make us with his lawyers. I'm told to just not pay and leave, because the cost of hunting down 4 college kids for about $3,000 would end up being more than what he'd get from us, so he would just cut his losses. I don't really want to gamble on that, especially with my other roommates in mind. I heard there's a specific date when a landlord can get you to renew the lease and that he may have asked us too early which could nullify it. Is there any truth to that? And in general, what can we do?

Answer 1

The only ways to legally get out of a lease prior to the expiration is:

1. If the place is deemed uninhabitable.

2. All parties to the lease mutually agree to terminate the lease.

You had a valid lease and did not have any legal obligation to sign a new lease with the new owner. However, once you signed the new lease, you were bound to it. You can't nullify it after the fact.

You cannot just move out without any costs because one roommate moved out. You were likely all jointly and severally liable. The remaining roommates are obligated to pay the rent and fulfill the lease term.

If the landlord found a replacement tenant for less than the monthly rent you were paying, you are all liable to pay the difference for the lease term. Upfront, not in payments.

It would not cost $3,000 to get judgments against the 4 of you. The landlord would be able to hold all for you liable for his court costs and attorney fees because you all breached the lease and forced him to sue.

The landlord can ruin all of your rental and credit histories, which will make renting in the future nearly impossible.

Answer 2

Your story doesn't make sense. A bullying landlord cannot show the apartment unless it is for rent. Since you had a lease it is not available. And what does how much he re-sold the building for have to do with you? If he took a loss that's his problem, you only owe for the amount stated in the lease.

Hunting down four college kids is pretty darn cheap and easy when you have their lease applications on file and know where they go to school. In the world of Google and Facebook it is a piece of cake. Not to mention that he has your SSNumbers and all of your references to dog..

He can easily get a default court judgement against you all that can haunt you for years. The "jointly and severally" clause means he can simply sue the easiest one it is to catch for the full amount PLUS all the costs of hunting you down and suing you so there is no loss for him there.

And in these modern times it could even effect your job-hunting as many major corporations run credit checks on prospective employees.

Answer 3

I don't think you can get out of the lease but this is kinda an odd situation with him already having rented to someone else and now asking you to make up the difference.  If it were me I'd just do nothing and see how things play out.  He will either forget the whole thing (to much trouble), or take you to small claims court.  If you go to court the judge may agree with the landlord and make you pay the difference (I kinda think the judge will do this as you did break the lease) but thats worst case.  

Anyhow since going to court won't make you have to pay any more, and since this whole thing could just die if you ignore it - go ahead and ignore it and see what happens (but expect that this may go to court and you may end up having to either pay what the landlord is asking or having a judgement on your credit)

Answer 4

"heard there's a specific date when a landlord can get you to renew the lease " = No law I know of.

"landlord bullied us"= Did he put a gun to your head?

Your lease most likely has a cause where you pay all collection fees which will add 40 to 50%.

Your question bounces around so much it is hard to help you.

But, you signed the lease.