Breaking apartment lease/Sublet &security deposit?

[Magic_star829]

Hi,

 

Just wondering if anyone has experience with breaking a lease (apartment) and what was done about it? I currently have 6 months left on my 1 year lease, and though I am almost sure my roomate is staying, and I will work really hard on getting a replacement for the the next month, I"m not sure what to expect when I tell the landlord? Will he keep the security deposit even if I get a replacement, and even though my roomie is staying??

[annie24]

I've broken a lease before. It's not a big problem, but it depends on the landlord. It will go easier if you have some things in your favor:

 

1) being a good tenant (if you are clean and don't have wild parties, they will like you better).

2) finding an equally good replacement (ie, shy quiet girl or guy, someone who looks like they read all day).

3) leaving the apartment spotless upon checkout.

 

you may have to pay a $50 or $100 fee for breaking the lease, but that is not so bad.

 

You have to read your specific contract though for the details and if you get your deposit back. i got mine back, but it all depends on the wording in your contract.

 

good luck!

[HealingHandsWarmHeart]

ive broken leases before. The rule of thumb was always....that i was responsible for the lease until they found someone to take over the apartment. They always found someone ..so it was never an issue.

 

Your situation is different. Your old housemates will still be in the apartment for the duration of the lease. If you do not find a replacement you will be liable to pay your portion of the rent for the remainder of the lease.

 

Thats if your name is on the lease. If your name isn't on the lease ...then it would still be expected that you find someone but more on moral grounds than on legal.

 

at least thats how i understand it to be in my area.

[annie24]

oh, if your roommate is staying, you may not get back the security deposit from the landlord, you'd have to get your cut from her.....

[HealingHandsWarmHeart]

yeah true Annie-- i didn't think of that.

[Magic_star829]

Thanks for your replies! Yes I know I won't get my deposit back from the landlord, only from her but since I owed her about the same amount when she moved in, she will be taking it I"m fine with that. I was just hoping I wouldn't have to pay a fee for breaking it even though she (roomie) is staying.

[annie24]

that depends on the wording of your contract, if you are allowed to break the lease with your roommate still living there and if your roommate agrees to living with whoever else you choose.

 

I know of one situation where the two roommates had a falling out and one left but the other didn't give her permission to get a new person renting her room. so, my friend had to pay double rent (for the old place and the new place she was living). That happens too....

[Magic_star829]

wow that would suck...my roomie is fine with it though she might even have a friend that wants to move in with her. If not she said whoever would be fine.

[annie24]

that is good that she seems flexible! keep it that way definitely, talk to her friend, get it lined up, then approach the landlord.