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Question on Breaking a Lease

Started by changedropper
almost 17 years ago
Posts: 37
Member since: Mar 2009
Discussion about
Quick question: I sold my apt and am in contract with closing date sometime in May. I plan on renting starting May 1. If the sale somehow falls through, and I sign a rental lease, what are generally the penalties for breaking it? Thanks for your advice!
Response by Tils
almost 17 years ago
Posts: 18
Member since: Dec 2008

Once you sign a lease, you are legally bound to adhere, meaning you'd owe the landlord monthly rent for the duration of the lease. If the landlord is a stickler, you may not have an easy time wriggling out. You'd have to try to find a subtenant to occupy the unit in your place. I'd at least wait until you have a deposit in hand (from your buyer) before signing any lease.

You could also look for a month-to-month rental in the meantime.

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Response by columbiacounty
almost 17 years ago
Posts: 12708
Member since: Jan 2009

given the market in general, i would suggest telling your potential landlord your situation and seeing if they would give you a grace period to get out of the balance of the lease. i assume that you plan to pay for may either way.

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Response by changedropper
almost 17 years ago
Posts: 37
Member since: Mar 2009

I already have the deposit for the sale in escrow--however, if the seller backs out and eats the deposit I really dont want the deposit money to go towards rent while I am not living there. Can't you break a lease and just pay a penalty instead of paying the whole year?

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Response by columbiacounty
almost 17 years ago
Posts: 12708
Member since: Jan 2009

not usually but my point is to tell your potential landlord that you would like to have this arrangement. worst case, he says no.

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Response by 10105
almost 17 years ago
Posts: 123
Member since: Feb 2008

Include an "out" in your lease. You should have some negotiating room given the market.

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