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Breaking a lease because of a job
Q: A year ago I moved to Ohio for a job opportunity. Both my husband and I are unhappy here and want to move back to Philadelphia where we are originally from. I am currently looking for a job, but I have not found anything yet. My current lease is up April 30th, 2001, and states that I have to give a 30-day notice.
I contacted my landlord about my options and my lease. We were honest with our landlord about our plans and asked to rent on a month-to-month basis. But, they are only willing to rent to us with a new 6 or 12-month lease.
If I sign a 6 month lease and find a job within 1 or 2 months, am I legally responsible for fulfilling the lease? Will I have to pay the remaining term of the lease if I leave due to a job relocation? Will I also lose my security deposit?
A paragraph in my lease that states that a tenancy from month to month applies if no written notification is given at the end of the lease. I understand that if I don't sign a 6 or 12-month renewal, the landlord can terminate the lease at any time.
So, on April 1st, if I do not give written notice, can they ask us to move out by the end of April (when our original lease ends)? Or, do they have to wait until April 30th and then give us 30 days notice to vacate the premises? At this point I really don't know what to do because I do not want to get stuck in a long-term lease.
Maria
Ohio
A: Unfortunately, there's no easy answer in your situation. In fact, I'd bet your situation is one of the most common problems renters face.
You have correctly concluded that if you don't give your written notice to vacate on April 1, your landlords can immediately ask you to vacate within 30 days. As long as they give you 30 days notice, they can ask you to vacate effective April 30 or anytime thereafter.
Of course, if they don't, you have also correctly concluded that you can remain there on a month-to-month tenancy. I'd recommend just waiting to see if your landlords let this happen. If they do ask you to vacate within 30 days, then you can negotiate a new lease with them if you must.
If they ask you to sign a new lease or vacate, you should try and negotiate some type of early termination provision. You might offer to pay a higher monthly amount for an option to terminate it after three months that you could only exercise at that time. In other words, you'd only have one chance to get out by giving 30 days notice at the beginning of the third month. Or, you might try and negotiate a buyout provision that would limit your liability on the lease. They might accept a month and a half of rent to let you out of your lease.
Of course, if these ideas don't work, you may just have to move or sign a new 6-month lease. If you break the lease, you're only responsible for the remainder of the lease for the time the rental remains vacant. It'll be a little bit of a black mark on your rental history, so make sure you get a new rental in Philadelphia before you break your lease in Ohio.
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Living on an expired lease
Q: My two-year lease expired June 1997 and my landlord has not asked me to renew the lease. I am renting a 4 bedroom single family home. Is the lease still valid even though it expired approximately 4 years ago?
The landlord has never increased my rent even though rents in the area have increased. I have always paid my rent on time and have not asked for any repairs. I am afraid that if I ask the landlord to conduct needed repairs, the landlord may increase my rent. Should I keep silent and avoid a possible rent increase? If the problems go unrepaired and cause major damage, am I liable because I didn't tell the landlord about the needed repairs?
California
A: First, your original lease is still mostly valid. The two-year term expired, but its other provisions govern the relationship between you and the landlord. But, either you or the landlord may change any of the terms with 30 days notice. Of course, the only real change available to you is to vacate. The landlord can change almost any of the terms.
Second, you've asked a good question about what constitutes a good tenant. In my experience, a good tenant doesn't call every month with a repair. I think you're correct that if your landlord's always having to repair things or worse yet, hire a repairman to fix things, he's more likely to raise the rent. After all, your landlord's in the business to make a profit.
If you make the relationship as trouble free as possible for him, you're better off. Ideally, the landlord doesn't want to do anything other than cash those rent checks on time every month. A smaller landlord may have only a few to a dozen rentals. Dependable, long-term, trouble-free tenants are usually more important to this type of landlord than squeezing every last dime of rental income out of the tenants.
This type of landlord normally isn't depending on the rental income. The landlord's simply using the rental income to accumulate wealth by retiring the mortgage and acquiring the price appreciation of the real estate.
Try and fix little things if you can at your own minor expense. Take good care of the property so that it doesn't need frequent repairs. But, you're correct that you should notify the landlord of a needed repair if letting it go is likely to cause further damage. To the best of my knowledge, you probably wouldn't become legally liable. But your landlord will be happier if he's got a small repair bill now rather than a larger one later.
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About Phil Rhodes
Phil Rhodes is an experienced commercial credit attorney in Northern California with his own practice, emphasizing bankruptcy, real estate finance, and other consumer and small business credit issues. Phil is also a happy renter, now on his sixth successful landlord-tenant relationship. |
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Disclaimer
Information provided by Phil or Greg should not be construed as real estate or legal advice. State and local laws may vary, so please consult legal counsel in your area with respect to your individual situation.
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