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PDF Editor FAQ

What are my rights as a tenant if my roommate wants to break lease and is forcing me to pay half of the penalty for breaking the lease early?

I despise this being called “breaking the lease”, which implies you are permitted to abrogate the contract: you will damn well live up to your side of the contract.There may be an early termination clause.The only people who can “break” leases are military personnel, and then only when I get a copy of their orders or a letter from their commanding officer which indicates that there are orders, without disclosing the contents of the order, if they are of a sensitive nature.Most leases that involve more than one tenant have a “roommate clause” which allow for a lease modification to replace a roommate, or for one of the roommates to take over sole tenancy.This generally requires agreement of all parties to the lease, since you may no longer meet the requirements to obtain the lease on your own — e.g. financial requirements, etc..The typical reason a roommate would be trying to stick you like this would be in order to obtain their portion of the cleaning deposit back.Typically, without a roommate clause, or for a month to month lease, when one roommate terminates a lease, the lease is terminated for all signatories to the lease.Generally, I do not include early lease termination penalty clauses, unless they are specifically requested, and maybe not then (take it or leave it).Minimally, if it’s there, it will specify that I can rerun the background check, and refuse the termination based on the sole remaining tenant not individually meeting the requirements to lease the property.This may include a reapplication fee.Typically, it’s better to simply talk the the landlord in this situation.I’m far more likely to negotiate an individual signing a new lease for a year, than enact penalty clauses for one individual leaving.This usually involves the remaining tenant to pay the departing tenants their part of the cleaning deposit return, and a small contract for a lease modification, as a three party contract.Otherwise, things get complicated: I have to inspect for damages as if both parties are moving out.To avoid that, the remaining party agrees to responsibility for any damages done by the departing party.

What are some tips for breaking a lease?

Potential Consequences of Breaking a Lease1. Civil Lawsuits2. Credit Judgment3. Difficulty Renting a New PlaceBreaking a Lease With Minimal or No Damage1. Check for Breach of Contract2. Look for an Early Termination Clause3. Beg for Mercy4. Pay Off the Lease Balance Over Time5. Forfeit Your Security Deposit6. Find a Short-Term RenterRead in more detail about the process here: How to Break an Apartment Lease Agreement Without Penalty

What's one thing that lawyers recommend to renters who are about to sign a lease?

What's one thing that lawyers recommend to renters who are about to sign a lease?This is an excellent question!I really hope things go well for you when you get your new apartment (or house) and that it all goes smoothly from the moment you sign the application until you’ve moved out and get your deposit back. Most of the time, that’s how it goes, but there are times it doesn’t work well or there are problems. So if I sound like a pain in the neck, I’m trying to help you prepare for those problems or to have proof you did the right thing and that you are covered.Most of the time you find an apartment, apply, get approved, sign the lease, and everything goes okay. That’s why so few people ever bother to learn anything about renting an apartment. The problem is this is also why some people get burned in ways they don’t expect. (And, honestly, most of the time it’s tenants who burn themselves, not landlords.)I’m giving you a long answer. All these things may not be useful when signing a lease, but I’m running off at the keyboard with so many words to give you as much information as you can. I’ve seen so many bad or ugly situations that could have been avoided if the tenants just understood what was going on that I really want tenants to know everything. For an honest landlord, that makes things easier for everyone!Find out about landlord tenant law in your city, state, country, or where ever you live. I’m not going to say, “Read the full landlord tenant act,” since, for most people, reading legalese is not easy, but find out where it is on the web. Bookmark it. There are some sites that provide background on such laws and provide commentary or simplified versions of the landlord tenant laws. (And do not try to find loopholes - many people read the “plain english” version of a law and pick on the wording there to claim it’s a loophole. Nope.)Be ready, when you have questions, to use that bookmark and look over the law so, when a problem arises and you think that what the landlord is doing seems wrong, you can figure out if it is or not.You may want to read up on the part about signing the lease and so on. You may find, for example, that what the landlord is asking you to pay as a security deposit is not legal in your state.I know you’re not going to want to read up on the law, but find it and have it available so you can read through it if there are problems.Read your lease carefully. Take time to sit and read it, even if it’s when you’re at the office and ready to sign it. Often people find things in the lease that they don’t expect. For instance, I know of a property owner I used to represent who had a rule of no waterbeds. The rule was in a set of rules specified by the lease and included with the lease. Once in a while I’d have to deal with a tenant in one of his properties who had a waterbed. They had not read the rules and were rather upset they couldn’t have a waterbed in their apartment.There might also be terms in the lease about things like subletting, or how long guests can stay, or about whether you can have a roommate who is not on the lease. It’s important to know these things. You won’t remember everything, but read it through and if something seems wrong to you, pay attention to it. Don’t just say, “Oh, I’m sure we can work it out.” The lease is your written agreement and you’ll find, somewhere on it, that it says that no other agreements matter. So if the landlord says, “Oh that doesn’t matter,” don’t buy it. The lease is what matters.If there’s something you don’t understand, ask about it. It’s better to ask about it than to be hurt by it later. I preferred for tenants to read their leases and ask questions than to just grab them and sign them, then complain about something later, only for me to tell them, “That was in the lease.”Document the condition before moving in! Before you bring in the first piece of furniture, allow 10–15 minutes to go through the apartment and look it over. Photograph any damages, peeling paint, and so on. Check that faucets and toilets and light switches work. If they do not, document it with photographs or video. Your landlord will most likely give you an inspection sheet with any issues they’ve noticed and they’ll be marked off. They expect you to sign the sheet (saying you agree with the condition they’ve described) and return it to them. If you find damages or issues not listed, write them out or check them off. Note them, both on the sheet and in your own notes or with photos. Then keep your notes and photos until after you move out and get your deposit back.If you move out a year, or five years, later, and tell them, “Oh, that window never shut all the way in the first place,” and it’s not on the inspection sheet or documented, the landlord will say, “It wasn’t on the inspection sheet, so you must not have had a problem with it when you moved in.” And they’ll charge you for it. If it comes down to a court hearing, they’ll win since there is no proof it didn’t work when you moved in.Document everything! When you communicate with the landlord, do as much as you can in writing. If you go in to the office, when you leave, make notes and keep them - with dates noted! You can be sure they’re doing something similar. Even if they seem nice, they can forget things or they might hire someone who doesn’t do their job and loses things (like your lease termination letter, for example). So document it. Keep all emails filed so they’re easy to find. Keep screenshots of text discussions. (Some services lose text conversations after a year or so - keep screenshots or save conversations so you have proof.)I know this is a major pain in the rear, but if something goes wrong, it can save you a lot of heartache and a lot of money!Document your move-out! When it’s time to move out, again, take pictures and video to show the condition of the apartment. That way they can’t say, “Oh, this isn’t working and it was when you moved in.” You can respond with, “Oh, but it is. I took a quick video that shows all the toilets, faucets, switches, and windows worked fine. Do you want a copy?” You’re documenting to be sure you can prove you left the place in good condition, so you can’t be charged for damages you didn’t cause.Don’t expect to have roommates who are off the lease. Many landlords have a general rule that any adults living in a property must be on the lease. Not everyone realizes this. Sometimes they have friends with bad credit and say, “I’ll rent it and you can stay there, too.” That’s a bad idea in many ways. First, if they have bad credit and can’t pay people on time, there’s a good chance they won’t pay you. Second, if the landlord doesn’t allow this, it can create serious problems for you and for them. There are a number of other reasons this could go bad. In fact, I’ve never seen it work well.Don’t plan on subleasing. People often want to move out early and sublet to someone else. Read the lease. There are many legal issues to renting a place or subrenting it. Also, many leases either do not allow it or require anyone subletting to be approved by the landlord. If I went into all the reasons for this, it’d take me a lot more words than I’ve already put in this answer. The short version is a lot of bad things can happen and, most often, they end up with you - the person who wanted to sublet to someone else - losing a good deal of money.I know some of these things are a pain in the rear, but I’ve seen times where, if tenants did these things, they could have saved a few bucks, or even avoided serious trouble.For example, one time I had a tenant that my boss was pushing to evict. I was quite limited in what I could say to them, but if the tenant had taken time to call the state and get a copy of the plain english version of the state’s landlord tenant law (this was before most of us knew of the internet), that tenant probably could have worked things out and either stayed in the house or negotiated for an agreement that would have worked well for them. Instead, they did nothing. I had to set up a court hearing for an Unlawful Detainer (first legal step with a court on the way to eviction). At that point, they fled, leaving things behind, along with damage to the house. That gives them a bad rental record for the 2 years they lived there. (Or a hole in their rental history - either is bad when they try to find another place to rent!) It also leaves their name on court documents that are easy to look up - which many landlords would look for.If you know your lease, and you take time, over a few weeks, to read up on landlord tenant law, it’s amazing what a strong situation you will be in if there is ever a problem with your rental.

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