According to my lease agreement, if I terminate the lease on my apartment early, I owe a $1400 termination fee.....yes, you read that right....$1400!!! Now I just recently lost my job because the company filed bankruptcy.....it is now inevitable that I will have to probably move to another city/state.....I have my first job interview this week in another state already.....even though there is no clause in my lease agreement about being able to terminate for job reasons, is there something in the law in my favor? I mean, they can try to come after me for $1400, but I can't just pull it out of my butt....especially for someone who's out of work and on unemployment.Breaking apt. lease early in Ohio....need advice/help?
As far as I know, the law in Ohio still mandates that you are responsible for the three months rent after vacating the apt (or the remainder of the lease whichever is less) if you break the lease. If however the Landlord finds another tenant to take over the remainder of your lease or if the Landlord finds another tenant within 90 days after you have vacated, you are only responsible for the portion of time that the apt was not being rented. So if you break your lease and have 2 months to go, you are responsible for 2 months rents. If you break the lease and have 6 months left of the lease, you are responsible for up to 3 months rent unless the Landlord fills the vacancy within those 3 months. Then you are only responsible for the amount of time the apt was empty. Be advised however that you will be responsible for any damages, debris removal, and any addition expenses that the Landlord may incur. You can kiss your security deposit goodbye. It will be used as partial payment to repair and replace.Breaking apt. lease early in Ohio....need advice/help?
There's nothing in the law that's in your favor here. You signed the lease, you agreed to the terms. You can throw yourself on the mercy of the landlord (if there's any mercy there) and beg them for some kind of compromise (like trying to find someone to take over your lease). They WILL come after you for the termination fee and if you don't pay it, you'll be highly unlikely to find another place willing to rent to you again. Breaking a lease is right up there with being evicted.
My name is Nick and I work at an apartment complex and I'm sorry, but I think you are bound to your lease agreement. There may be a way that you can collect the $1400 from your old employer, but that would probably cost you just as much if not more than $1400. You can probably differ your payment due to your circumstances, but you would have to talk to your landlord and his answer will probably depend on Ohio law.
You don't say how much your rent was, but a two month penalty is not uncommon.
You signed the lease and it stands. They can sue you in small claims court and garnish your bank account, your wages, tax refunds and maybe even seize your car. In any case it will appear as a judgement that could remain active for years and might be re-newable.
It will appear on your credit report.
Unfortunately, you are bound by the contract. It's a signed agreement and legally binding. Unless there is a clause in your lease, then you have to pay the $1400 for early termination.
Not paying it is going to seriously hurt your credit. They can also put a lien against your credit.
This affects what you pay for auto insurance (yep, they run your credit now, too), any future employment (big companies usually run credit as well). Any interest rates on future credit cards or loans.
Remember, any future landlords/property managers contact past landlords/property managers for references and you're not likely to get a good one. So this will also affect your housing situation.
Speak with the landlord and see if they are willing to work out a payment plan instead of having to pay it in full.
It's unfortunate but not paying is going to do more harm than good.
Friday, April 30, 2010
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