Landlord problem - breaking the lease

[rasearcy.livejournal.com]

I've looked through some of the past posts regarding landlord / tenant issues, and couldn't quite find the information I was looking for.  I will be leaving Somerville to move to NYC in February for a new job, and I need to break my apartment lease.  My landlord has agreed to terminate my tenancy under the following terms: 1) a light cleaning, and 2) a termination fee equal to 4 months rent.  That seems insane to me, and I've been looking around for information online, but everything seems so ambiguous and I haven't been able to find anything definitive.  My landlord has also explicitly forbidden subletting.  I guess my questions are whether I actually do have to pay this, and if not, how do I respond to this?

I received some advice that suggested that if I'm able to find someone creditworthy interested in assuming the remainder of the lease (I guess that's somehow semantically different from a sublet, although I don't quite know why) then that releases me from the lease, regardless of whether or not the landlord accepts this person.

Does anyone have any experience with a situation like this?  I've talked with a bunch of people who have broken their lease and most of them just had to forfeit their security deposit.  Four months rent is a lot of money and I'm kind of freaking out.  I don't know how to get my landlord to reduce that amount and I don't want this to turn into a messy, ugly situation.  Any help would be very much appreciated.  Thanks!

Comments

[thetathx1138.livejournal.com]

If you didn't sign any paperwork saying "four months rent for a termination fee", then you're under no obligation to do so. That doesn't sound remotely reasonable. I'm pretty sure that if you can find somebody to totally take over (i.e. not a subletter, but an entirely new lease), that termination fee will go away, though.

[pvfirenice.livejournal.com]

here's a nice summary of your rights here: http://www.gis.net/~groucho/tenant.html#25

and another list of seemingly every landlord/tenant resource in MA: http://www.lawlib.state.ma.us/subject/about/landlord.html
(got the first link from the second's resource list)

definitely seems like the landlord is asking too much.

good luck!

[perspicuity.livejournal.com]

do you you have lease contract?

what does it say about termination and responsibilities?

#

[rasearcy.livejournal.com]

Thanks for all of the advice so far. Here is the section of my lease concerning termination (not eviction):

"25. Lessee's Covenants in Event of Termination
The Lessee covenants that in case of any termination of this lease, by reason of the default of the Lessee, then at the option of the Lessor:
a. the Lessee will forthwith pay to the Lessor as damages hereunder a sum equal to the amount by which the rent and other payments called for hereunder for the remainder of the term, including any extension or renewal thereof, exceed the fair rental value of said premises for the remainder of the term, including any extension or renewal thereof; and
b. the Lessee covenants that he will furthermore indemnify the Lessor from and against any loss and damage sustained by reason of any termination caused by the default or, the breach by, the Lessee. Lessor's damages hereunder shall include, but shall not be limited to the loss of rents; reasonable broker's commissioners for the re-letting of the leased premises; advertising costs; the reasonable cost incurred in cleaning and repainting the premises in order to relet the same; and moving and storage charges incurred by Lessor in moving Lessee's belongings pursuant to eviction proceedings.
c. At the option of the Lessor, however, Lessor's cause of action under this article shall accrue when a new tenancy or lease term first commences subsequent to a termination under this lease, in which event Lessor's damages shall be limited to any and all damages sustained by him prior to said new tenancy or lease date."

[perspicuity.livejournal.com]

ah, precise, yet vague.

dunno if MA has restrictions on termination terms or not.

best hire an hour of a lawyer's time.

#

[kazbotch.livejournal.com]

The landlord can not collect double rent. If they're planning on keeping it vacant for 4 months (or longer), you ARE responsible for paying that amount plus monthly rent until your lease ends. Your best bet is likely working with your landlord to find a replacement tenant- they might not have the time to list it and search on their own. Keeping the security deposit + 1 additional month rent fee if a new tenant isn't found when you move out is probably the most you should pay. The links provided will give specific info, I'm sure.

I left my last apartment one month early with no penalty. It worked out well, but I already had a good relationship with the landlord, so the negotiation was simple...and I still gave the required 90 day notice that was stated in my lease.

In related news, I know a very responsible, professional 30-something individual looking for an apartment in the area...

[intuition-ist.livejournal.com]

2 br on Highland Ave available for 2/1. spacious, clean, good landlord. message me.

[ron_newman]

How long is the remainder of your lease?

[phoenixy.livejournal.com]

Seems pretty straightforward to me. The renter is responsible for paying the cost of finding a new tenant (brokerage fees, basically), plus the difference between the fair market value of the apartment and their current rent--so if they were paying $1500 and the best the landlord can do is rent it for $1000, the old tenant has to pay the $500 a month. By no means can the landlord collect double rent, or choose to leave the apartment empty and collect your rent--the landlord choosing not to get a new tenant does not mean that the apartment has a FMV of $0.

[talonvaki.livejournal.com]

"Good landlord"...

Well, "good," until you have to move out, apparently.

[rasearcy.livejournal.com]

That listing is not for my apartment. Regardless of my problems, I would not lie to someone to get out of jam.

[rasearcy.livejournal.com]

My lease runs through August 31, 2012.

[rasearcy.livejournal.com]

Thanks for the info! I'm a good tenant and I thought my landlord and I were on good terms, but apparently I misjudged the situation. I've made a posting on craigslist in the hopes that I can find someone interested in signing a new, long-term lease and then bring that information to my landlord for consideration. Feel free to let your friend know and he or she can contact me if they're interested. Obviously the sooner the better.

http://boston.craigslist.org/gbs/sub/2777318735.html

[davelew.livejournal.com]

"If they're planning on keeping it vacant for 4 months (or longer), you ARE responsible for paying"

This is not true, in my non-lawyerly opinion. The landlord is required to make a good-faith effort to rent the apartment.

[kazbotch.livejournal.com]

True. I didn't elaborate about issues that require legal representation...proving that the landlord did or did not make a good faith effort to replace the tenant is tricky. The info is in one of the links previously provided.

[intuition-ist.livejournal.com]

um... well, given that i signed a year-long lease in October, i think it's only fair that I try to find a tenant to take my place when I move in January.

good != willing to let me do whatever I want

[rasearcy.livejournal.com]

I just wanted to pop in to thank everyone who has responded with advice so far. I've gotten a few responses to my craigslist posting and have two people coming to look at the apartment tomorrow. I'm hopeful that if I can find a qualified person and deliver that information to my landlord, then he'll relent. Here's a draft of an email I'm hoping to send to him if things go well tomorrow. Any feedback would be appreciated. I want it to be polite, but so firm and persuasive that he won't be able to say no.

"Hi [landlord's name],

I received your letter concerning the proposed terms for the termination of tenancy at [my address]. I have a few questions and comments regarding the conditions.

The first term concerning cleaning the apartment is perfectly reasonable and appropriate. I plan on giving the entire apartment a thorough cleaning before vacating, but I will pay special attention to the areas you mention in the letter (appliances, baseboards, blinds, and woodwork).

I have consulted with a lawyer concerning the termination fee and it seems as though there may be another option that would be beneficial to both of us. I have become acquainted with XXX who is interested in renting the apartment starting February 1st. I am not talking about subletting, but a new tenant with a new lease. XXX is very eager to do this, is creditworthy (works at XXX making XXX), and is willing to agree to a long-term lease extending through August 31, 2013 (but can be flexible depending on your preference). I know you prefer to keep your lease schedules in August. XXX is also willing and able to pay first month’s rent and a security deposit immediately. I would be responsible for any costs required to facilitate this transition, as is stated in section 25 of the lease. If you would like to pursue this, I can provide you with XXX’s contact information.

I know that this is different from your initial proposal, but it seems like this is a solution that meets both of our needs. I hope that you will consider this matter and let me know what you think of it."

Thoughts?

[squirrelitude]

talonvaki was confusing you with the OP.

[erlala.livejournal.com]

I went through something similar when I had to break my lease. I too was worried about the repercussions. However, I looked into the law, and as others have mentioned, your landlord can charge you for the cost of advertising the place and rent only until he finds new tenants (or the difference of the current fair market rent as someone indicated above). Your landlord cannot just charge you an early termination fee. I believe that he also cannot legally keep the security deposit for anything other than damages (beyond normal wear and tear) to the property. MA laws are very friendly to renters.

That said, I have a couple of thoughts on your response.

First, you may not want to indicate that you have spoken to a lawyer at this point. It sounds like you are still on relatively good terms with your landlord now, and letting him know you have sought legal counsel might change the tone of your interactions. As such, you might want to wait to bring that up, and only if issues escalate. You obviously know your landlord better and how he is likely to react, and perhaps bringing up the lawyer at this point is fine in your case, but just something to consider.

Second, you might want to offer to help find tenants before actually doing so (or at least before letting him know you are doing so, since it sounds like you have already started). I am speaking from experience here: I went ahead and started looking for new tenants. However, when I let my landlord know that I had done so, and even provided information on potential renters, he indicated that he had his own process, and refused to contact them. On one hand, I felt that provided me a strong case against him making a "good faith" effort if he was unable to find a new tenant on his own. On the other hand, I felt like I had just pissed him off, which didn't help. So, I still think offering to help is a good idea, but it might be best to reach out to your landlord first to see how you could be of the most help to him.

In the end, it worked out, and he found a new tenant (although it was VERY close to when I was set to move). One thing that I found helped was to VERY flexible in allowing my landlord to show the apartment to potential tenants. In some cases, I was given very little notice when he wanted to show it, and as annoying and frustrating as that was at times, I did my best to accomodate these showings.

In general, I think just demonstrating that you are helpful and cooperative, but at the same time, standing your ground that you will not pay what seem to be illegal fees, may be your best bet. If it is a decent place and the rent is fair, he shouldn't have too much trouble re-renting it.

[rasearcy.livejournal.com]

Thanks for the advice, erlala. You make a good point about the part about speaking with a lawyer. I think I'll take it out and keep that information in my back pocket. Fingers crossed that I don't have to use it!

[dahdahdahdancer.livejournal.com]

When my tenant needed to break his lease early, I found another tenant to take over the remainder of the lease in something that I think is called a "reassignment" - there is specific paperwork for a transfer/reassignment (not a sublet) like this. Then at the same time the new tenant completed a lease for the following year - so this way the new tenant booked the place for the 4 months remaining on the old lease, plus 12 months following the old lease's expiration. Your landlord may not know that a "reassignment" option is even available - I know I didn't until the situation presented itself. A sublet, I believe, implies that the old tenant retains some responsibility for the apt. A reassignment does not (but I'm not a lawyer....).

[rasearcy.livejournal.com]

Thanks for the tip! I'm going to mention it to him. Fingers crossed!

[rasearcy.livejournal.com]

God, somehow this just keeps getting worse! My landlord said that he wanted to raise the rent of the apartment, which is more than the people I found want to spend. I changed the Craigslist posting but have had no takers yet. So I finally decided to just roll over and accept the termination fee. I figured that would be that. But then he emails me back saying that now he's not sure, that he's really busy, and that it's hard to rent in winter. He said he's going to think about it over the weekend and get back to me, but the implication being that he might leave me on the hook for the remainder of the term. This is terrible and I don't understand! I can't afford to pay rent on two places and move. I'm moving to NY to accept a new job that I really want, but now I'm wondering if I might not be able to because of all of this.

[cfox.livejournal.com]

Didn't you say upthread that you had a lawyer? You should be asking him or her how to force the landlord to re-rent at a reasonable rate. A reasonable letter written by a lawyer can do wonders.

My gut says that it can be gotten out of for less than that, and that if you're gone, and you make as if you can't or won't pay up, then the landlord will find the time to find and accept a new tenant at the same or lower rent, to cut his losses (at which point your obligation will be much lower, since he doesn't get to double-rent the place, and you can pay the difference).

You do need a lawyer, but a lawyer prepared to handle renter issues can be had at non-ruinous cost.

[rasearcy.livejournal.com]

I had spoken with a friend of mine who is a lawyer (but not a real estate lawyer) who gave me some advice. I think if the landlord tells me that he expects me to pay through the remainder of the lease I will find a lawyer. I've been looking around a little, but does anyone have recommendations for lawyers who specialize in real estate / landlord / tenant issues? Preferably in the Somerville / Cambridge area.