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Breaking lease - Indiana

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Latest post Fri, Aug 12 2016 11:07 AM by LegalSecy. 4 replies.
  • Tue, Aug 9 2016 7:25 PM

    • renees87
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    • Joined on Wed, Aug 10 2016
    • IN
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    Breaking lease - Indiana

    My lease states that the only way I can buy out the lease is if my job is relocating 50+ miles away. Shouldn't I be able to do it for any reason- as long as I obey the terms? 

    Also, I read there was a law in Indiana about them having to try to find a tenant. It's a popular apartment complex in a great location. I wouldn't be surprised if they find someone to rent it before I move out. I could give 60+ days notice. 

    I'm curious if I lie and say I'm moving for a job so I can just buy out the lease or if I tell the truth and see if she'll have sympathy. I doubt she will and if I tell the truth and she says no she'll be suspicious if I come back saying I'm moving for my job. 

    Any advice?

  • Tue, Aug 9 2016 8:39 PM In reply to

    Re: Breaking lease - Indiana

     

    renees87:
    My lease states that the only way I can buy out the lease is if my job is relocating 50+ miles away. Shouldn't I be able to do it for any reason- as long as I obey the terms? 

    No, you shouldn't. You signed a contract agreeing to do things one way, you don't get to do things another way, at least not without consequences.

    renees87:
    Also, I read there was a law in Indiana about them having to try to find a tenant.

    That's called mitigation of damages (google it).

    If you breach the lease (pack up, move without notice, not pay any more rent) then, yes, the landlord has to mitigate by re-renting your unit as soon as reasonably possible.

    If you follow the lease terms and pay what you agreed to pay to buy your way out of the lease then mitigation doesn't come into play.

    renees87:

    I'm curious if I lie and say I'm moving for a job so I can just buy out the lease or if I tell the truth and see if she'll have sympathy. I doubt she will and if I tell the truth and she says no she'll be suspicious if I come back saying I'm moving for my job. 

    Any advice?

    Yeah, stick it out until your lease is up.

    Since the lease is so specific about being able to buy out of it just for job location, then I'm betting that management will want documentation and not just take your word for it.

     

     

     

     

     

     

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  • Wed, Aug 10 2016 7:14 AM In reply to

    Re: Breaking lease - Indiana

    No you should not be able to buy out your lease for any reason. You have a lease for a reason. It is still a hassle to find a tenant and if the complex has units vacant longer than yours they will try to fill those first.

  • Wed, Aug 10 2016 8:03 AM In reply to

    Re: Breaking lease - Indiana

    renees87:
    My lease states that the only way I can buy out the lease is if my job is relocating 50+ miles away. Shouldn't I be able to do it for any reason- as long as I obey the terms?

    I don't really know what your question means.  Your lease says what it says, and you can wish it said something different, but all the wishing in the world won't change anything.  Many leases don't have ANY provision for a "buy out.

     

    renees87:
    I read there was a law in Indiana about them having to try to find a tenant.

    If a tenant vacates the leased premises prior to the expiration of the lease term, the landlord is entitled to payment of the rent through the end of the lease term.  However, the landlord has a duty to mitigate damages by attempting to find a replacement tenant.  If the landlord finds a replacement tenant, then the landlord's damages are mitigated since the landlord may not collect double rent.  For example, let's say Bob's lease expires on December 31, 2016, and the landlord is holding a security deposit equal to one month's rent.  Bob vacates and turns over possession of the premises on August 31, 2016.  The landlord takes reasonable steps to prepare the apartment for someone else to rent and advertises the availability of the apartment and finds a new tenant who moves in on November 1, 2016.  The landlord is entitled to recover from Bob one month's rent (although the apartment was vacant for two months, the landlord used the security deposit to cover one month's rent), plus the cost of whatever cleaning and repairs were necessary when Bob vacated.

     

    renees87:
    I'm curious if I lie and say I'm moving for a job so I can just buy out the lease or if I tell the truth and see if she'll have sympathy.

    Unless your landlord is a moron, she'll ask for some evidence that your job is moving, so unless you're willing to fabricate evidence or try and get your employer in on your lie, that's probably not a very smart thing to do.

     

    renees87:
    Any advice?

    When does your current lease expire, and why do you want to move before then?

  • Fri, Aug 12 2016 11:07 AM In reply to

    Re: Breaking lease - Indiana

    You always have the option of renegotiating a contract (i.e., having both parties come to an agreement different from the one in the original contract).

    Depending on your relationship with the LL, why not try going to the LL and saying, "I need to move before this lease expires for [reason] (or for personal reasons).  I'm not going to lie to you.  It isn't because of a job relocation. But I do need to do it. Let's see if we can figure out how to do this in a way that will work out the best possible way for both of us.  Would you agree to let me sublet the unit for the rest of my lease if I can find a tennant acceptable to you?"

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