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What does the OT know about breaking the lease of an apartment complex?

Posted on 2/1/16 at 2:32 pm
Posted by TTsTowel
RIP Bow9den/Coastie
Member since Feb 2010
91640 posts
Posted on 2/1/16 at 2:32 pm
Short story: My roommates and I broke the lease early at our apartment. We gave a 60 day notice that will end at the end of February (we are paying January and February as if we still live there), and the apartment complex claims they will have to set us up on a payment plan to pay the remaining 3 months and damages.

My question is, after doing a little research, are we obligated to pay the remaining 3 months if the apartment complex can find another tenant as soon as we move out? I am OK with paying for damages, but not so OK about paying another $3,000 on a place that I'm not living in. I am also OK with paying until someone else takes over the apartment.

I came across this article: https://www.nolo.com/legal-encyclopedia/tenants-right-break-rental-lease-alabama.html
quote:

Landlord’s Duty to Find a New Tenant in Alabama

If you don’t have a legal justification to break your lease, the good news is that you may still be off the hook for paying all the rent due for the remaining lease term. This is because under Alabama law (Ala. Code §§ 35-9A-105, 35-9A-423), your landlord must make reasonable efforts to re-rent your unit—no matter what your reason for leaving—rather than charge you for the total remaining rent due under the lease. So you may not have to pay much, if any additional rent, if you break your lease. You need pay only the amount of rent the landlord loses because you moved out early. This is because Alabama requires landlords to take reasonable steps to keep their losses to a minimum—or to “mitigate damages” in legal terms.

So, if you break your lease and move out without legal justification, your landlord usually can’t just sit back and wait until the end of the lease, and then sue you for the total amount of lost rent. Your landlord must try to rerent the property reasonably quickly and subtract the rent received from new tenants from the amount you owe. The landlord does not need to relax standards for acceptable tenants—for example, to accept someone with a poor credit history. Also, the landlord is not required to rent the unit for less than fair market value, or to immediately turn his or her attention to renting your unit disregarding other business. Also, the landlord can add legitimate expenses to your bill—for example, the costs of advertising the property.

If your landlord rerents the property quickly (more likely in college towns and similar markets), all you’ll be responsible for is the (hopefully brief) amount of time the unit was vacant.

The bad news is that if the landlord tries to rerent your unit, and can’t find an acceptable tenant, you will be liable for paying rent for the remainder of your lease term. This could be a substantial amount of money if you leave several months before your lease ends. Your landlord will probably first use your security deposit to cover the amount you owe. But if your deposit is not sufficient, your landlord may sue you, probably in small claims court where the limit is $3,000 in Alabama.
Is this article accurate? I brought up said law to the leasing agent and she stated their company isn't required to do anything like that.

What should I do, all-mighty OTers?
Posted by bama84
Member since Aug 2013
136 posts
Posted on 2/1/16 at 2:39 pm to
hookers and blow
Posted by Stacked
Member since Apr 2012
5675 posts
Posted on 2/1/16 at 2:39 pm to
You're obligated to pay what you said you'd pay or else you'll be made to pay.
Posted by Weagle25
THE Football State.
Member since Oct 2011
46178 posts
Posted on 2/1/16 at 2:40 pm to
I think the problem with it is it's very hard to prove the landlord wasn't trying to get a new tenant

You'll most likely end up paying for the full lease
This post was edited on 2/1/16 at 2:41 pm
Posted by hoginthesw
DFW
Member since Sep 2009
5329 posts
Posted on 2/1/16 at 2:43 pm to
I'm not involved in multi-family (it's the 3rd world of real estate) but, I am familiar enough with the leasing.

1. Read your lease. Whatever it says is what it says.

2. I'm about 99.99% sure you have no grounds to get out of paying the remaining term of your lease. Sorry. They can use reasonable efforts to lease the unit, that doesn't mean they are obligated to make sure it happens. They have zero incentive to. Why wouldn't you be ok with paying the amount you agreed to pay? You knew you signed up for X months and were ok with signing the lease at those terms.

Posted by TTsTowel
RIP Bow9den/Coastie
Member since Feb 2010
91640 posts
Posted on 2/1/16 at 2:45 pm to
The only reason I really have a problem with paying back the remaining amount is because I will have to pay it back myself, while my other two roommates don't pay a thing. One doesn't have the money, and the other doesn't care if his credit takes a hit for not paying the remainder.

Basically, it's my fault for signing the lease in the first place, but I'm in a tough situation and don't want my credit to take a hit.
Posted by 1 Damn Good Dawg Man
Buckhead Atlanta
Member since Nov 2015
331 posts
Posted on 2/1/16 at 2:47 pm to
If you ain't military, you're screwed.
Posted by TTsTowel
RIP Bow9den/Coastie
Member since Feb 2010
91640 posts
Posted on 2/1/16 at 2:49 pm to
quote:

Why wouldn't you be ok with paying the amount you agreed to pay? You knew you signed up for X months and were ok with signing the lease at those terms.
I know life isn't fair, but when we 3 signed onto the lease, we all agreed to pay 1/3 of the price to live there. Long story short, neither could afford it so we gave the 60 day notice to move out. One doesn't have money to help pay the remainder to get off, one doesn't care to pay because he doesn't care about his credit, and I would be stuck paying the rest of the remainder. If you count damages to the apartment from their pets, it could be close to $4,000 (I didn't have one).
Posted by BluegrassBelle
RIP Hefty Lefty - 1981-2019
Member since Nov 2010
98918 posts
Posted on 2/1/16 at 2:49 pm to
quote:

Basically, it's my fault for signing the lease in the first place, but I'm in a tough situation and don't want my credit to take a hit.


Unfortunately I think this is your situation. It's pretty hard to wiggle out of a lease like that.
Posted by TbirdSpur2010
ALAMO CITY
Member since Dec 2010
134026 posts
Posted on 2/1/16 at 2:50 pm to
quote:

If you ain't military, you're screwed.


Pretty much this and what hoginthesw said. Had to break my apartment lease on relatively short notice when I bought my house, and was on the hook for all of it. Read the contract, but there really wasn't any wiggle room (they do that on purpose to protect themselves), so I had to bite the bullet.

Just assume you're gonna be on the hook for the money if you're breaking a lease.
Posted by hoginthesw
DFW
Member since Sep 2009
5329 posts
Posted on 2/1/16 at 2:51 pm to
Tough lesson learned here. I'm sorry. :-( Unfortantely, if you don't pay it your rental history will show it. I would contact the property manager (not the leasing agent) directly and hope for the best. I'd give it less than 1% of a chance but you need to at least try.
Posted by TTsTowel
RIP Bow9den/Coastie
Member since Feb 2010
91640 posts
Posted on 2/1/16 at 2:52 pm to
Hypothetically speaking, if none of us paid the remaining total, could they garnish our wages and take other action of the like?

Thanks for the response and help, BTW.
Posted by GnashRebel
Member since May 2015
8174 posts
Posted on 2/1/16 at 2:57 pm to
You are the one breaking a contract. Why are you mad at them?

Having said that you can join the military and they will let you break the lease as long as you have orders taking you elsewhere.
Posted by hoginthesw
DFW
Member since Sep 2009
5329 posts
Posted on 2/1/16 at 2:59 pm to
They will just send you to collections.

They won't take a legal route because it's not worth it, jut FYI.

I work in commercial and a huge chunk of my job is abstracting leases so I can dick the tenants over if need be. also to stop tenants from screwing us. Apartment leases are a million times simpler but they are also more cut and dry unfortunately. If you're desperate I could read the relavrnt sections of your lease just to make sure you don't have an out of some kind.

Posted by JustGetItRight
Member since Jan 2012
15712 posts
Posted on 2/1/16 at 3:02 pm to
quote:

The only reason I really have a problem with paying back the remaining amount is because I will have to pay it back myself, while my other two roommates don't pay a thing. One doesn't have the money, and the other doesn't care if his credit takes a hit for not paying the remainder.

Basically, it's my fault for signing the lease in the first place, but I'm in a tough situation and don't want my credit to take a hit.



You're in a tough place.

Here's a link to a handbook about the Alabama landlord-tenet law. It has basic information, so it won't provide any really useful information until you get to the last pages.

Those last few pages have contact numbers for legal services in different areas of Alabama. Find the one that fits your area and call them.

Trust me, you need a lawyer. If you don't fit the parameters to get help from them for free, they can at least point you to a place to find it for a fee - and dropping a few bucks with them to potentially save a few thousand and protect your credit would be money well spent.
This post was edited on 2/1/16 at 3:04 pm
Posted by The Spleen
Member since Dec 2010
38865 posts
Posted on 2/1/16 at 3:03 pm to
quote:

could they garnish our wages and take other action of the like?



They could sue you, and if the court grants them writ of garnishment, they court could garnish your wages. Would they? Who knows, but my guess is they would. Apartment owners are greedy, slimy bastards, but they almost have to be.

FWIW, both times I broke a lease the respective landlords weren't dicks over it and only charged me for the time it wasn't rented. Both were in Alabama.
Posted by TTsTowel
RIP Bow9den/Coastie
Member since Feb 2010
91640 posts
Posted on 2/1/16 at 3:03 pm to
quote:

They will just send you to collections.
I've heard that you can sometimes settle for less than you owe if you offer it. Don't know how true that is...
quote:

They won't take a legal route because it's not worth it, jut FYI.
That's actually good news.
quote:

so I can dick the tenants over if need be.
quote:

If you're desperate I could read the relavrnt sections of your lease just to make sure you don't have an out of some kind.
I could try to send you this later on tonight.

What's your email? TTsTowelofTD@gmail.com here (I'll probably get porn now from someone).
Posted by hoginthesw
DFW
Member since Sep 2009
5329 posts
Posted on 2/1/16 at 3:05 pm to
I'm a straight female so at least make sure it's something I'd be interested in.


Hit me up on Twitter. @hoginthesw
Posted by hoginthesw
DFW
Member since Sep 2009
5329 posts
Posted on 2/1/16 at 3:06 pm to
I will email you later
Posted by TTsTowel
RIP Bow9den/Coastie
Member since Feb 2010
91640 posts
Posted on 2/1/16 at 3:06 pm to
I think we already follow each other. Thanks again.
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