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re: What happens when you bug out of a lease of apartment?

Posted on 12/26/15 at 9:11 am to
Posted by Iron Lion
Romulus
Member since Nov 2014
14169 posts
Posted on 12/26/15 at 9:11 am to
That is incorrect. I know for a fact that if you skip out of your lease that you can be and probably will be held financially responsible for the time remaining on the lease. Whether it's 2 months or 10 months.
Posted by 75503Tiger
Member since Sep 2015
4821 posts
Posted on 12/26/15 at 9:38 am to
quote:

Depends on the company. We keep the deposit and charge through the end of the lease. Once it is rented again we revise that and charge until the day the new person moves in (can't charge double rent). But, it is slow season, so apartments are moving slowly. Make sure everything is paid as soon as you get that final revised bill or it will give him problems leasing inthe future.


This post agrees with what I have learned. The landlord either finds a new tenant or you have to pay. Landlord has some obligation to try but isn't required to work very hard at finding one.
Posted by 75503Tiger
Member since Sep 2015
4821 posts
Posted on 12/26/15 at 9:40 am to
A lot of complexes and high-turnover type places have a buy-out set up because it's cleaner than handling each case individually.
Posted by euquol
New Orleans
Member since Jan 2012
2736 posts
Posted on 12/26/15 at 9:44 am to
It really depends on your lease agreement since the laws in Louisiana really allow you to contract any terms you want.

When someone calls me about their deposit, I usually see forfeiture in two cases: 1) leaving the lease early and 2) not giving the required notice before moving out.

If he simply moves out, he could also be responsible for all future rent under the terms of the lease. If he waits to be evicted, the landlord cannot collect rent that becomes due after the eviction notice is issue but can still collect past rent.
This post was edited on 12/26/15 at 9:45 am
Posted by Aspercel
Member since Jan 2009
117554 posts
Posted on 12/26/15 at 9:47 am to
But then he'll have an eviction on his record. Good luck renting another place after that...
Posted by euquol
New Orleans
Member since Jan 2012
2736 posts
Posted on 12/26/15 at 9:51 am to
quote:

But then he'll have an eviction on his record. Good luck renting another place after that...


I have never been evicted but it will not be that hard. Not every rental is through a rental agency and even some that do will listen to your circumstances and may forgive a situation where you wanted out of a place where robberies and murders were taking place.
Posted by euquol
New Orleans
Member since Jan 2012
2736 posts
Posted on 12/26/15 at 10:00 am to
You should also realize some landlords are assholes. I was diagnosed with cancer in May. I told my landlord I would have to move out because my cancer is very aggressive and I would not be able to pay the rent because I would not be working during my treatments. She kept my deposit because I did not give her the required 60 days notice.

Totally within her rights but still an a-hole move IMO.
Posted by jose canseco
Houston via Houma via BR via NOLA
Member since Jul 2007
5667 posts
Posted on 12/26/15 at 10:05 am to
Bug out. Really? That's the phrase you decided on.
Posted by prplhze2000
Parts Unknown
Member since Jan 2007
58839 posts
Posted on 12/26/15 at 10:34 am to
They can report to credit bureau and usually do.

If he ever tries to rent or buy a house, it will create a problem. Can't imagine why.
Posted by Ed Osteen
Member since Oct 2007
59348 posts
Posted on 12/26/15 at 10:41 am to
you mean just moving out, not paying rent, and not telling the landlord? He signed a contract, if he can't sublease it then it's legally on him to pay the remaining monthly rent. I can't help but question your parenting skills if you have to come on the internet and ask about this
Posted by zeebo
Hammond
Member since Jan 2008
5437 posts
Posted on 12/26/15 at 10:46 am to
Move out . Safety first. Then deal with it.
Posted by artompkins
Orange Beach, Al
Member since May 2010
6386 posts
Posted on 12/26/15 at 10:48 am to
quote:

That is incorrect. I know for a fact that if you skip out of your lease that you can be and probably will be held financially responsible for the time remaining on the lease. Whether it's 2 months or 10 months.




You are correct but most companies aren't going to waste the time taking you to court just to break even in the end once lawyer's fees and court costs add up and such; these are not Microsoft and Walmart. My daughter wanted out of her lease and she worked it out with the lease company and pretty much all they did was keep her deposit and ding her credit, which, like a lot of kids, was shitty already.
This post was edited on 12/26/15 at 10:49 am
Posted by FalseProphet
Mecca
Member since Dec 2011
11723 posts
Posted on 12/26/15 at 11:41 am to
My experience in Louisiana has shown these options:

1. The lease has a buyout clause and you pay it.

2. They sue to enforce the lease, get a judgment against you for the full amount of the remaining lease, but can't rent it out for the remainder of the term (or get a judgment for the liquidated damages in the lease).

3. They seek to evict you formally, get a judgment for any unpaid rent (not future, just past due) and damages, and can lease it again right away.

4. Just walk away.

Options two and three really aren't as difficult as you think, and certainly won't be in Monroe where you have fast-track city courts. It all depends on the landlord.
Posted by noonan
Nassau Bay, TX
Member since Aug 2005
37016 posts
Posted on 12/26/15 at 12:04 pm to
Tough to rent again if you break a lease.
Posted by logjamming
Member since Feb 2014
8313 posts
Posted on 12/26/15 at 12:06 pm to
If your son moves out, and they start tenting it to someone else, the only money they can get is the deposit, damages and how ever many months rent they missed.

Best to look for a sublet--I've broken a few leases but always found someone to take my spot beforehand and never had an issue.
Posted by TSLG
Member since Mar 2014
6724 posts
Posted on 12/26/15 at 12:49 pm to
1. State law governs leases. The general rules can be different.

2. VERY IMPORTANT! A lease is a mother fricking contract. Unless there is a reason to invalidate a particular clause -public policy, illegality, fraud, etc, etc - the contract (lease) will govern the relationship between the parties. If my lease, which you executed, says that you can vacate your lease by doing a chicken dance in my front yard...well, you better get to chicken dancing in the front fricking yard. Otherwise, you will have breached our contract, and that contract, and/or state law, will govern what can occur upon that breach.

Just because you saw the scenario play out in a certain way for your cousin's neighbor's uncle's friend does not mean that you know what the frick you are talking about.

OP, READ THE frickING LEASE!!! OR REDACT THE MOTHER frickER AND POST IT. OR GO SEE A frickING ATTORNEY.

There's not a person in this thread that has enough information to help you. Besides those people that told you that, in more or less words, the message board is full of fricking idiots.
Posted by prplhze2000
Parts Unknown
Member since Jan 2007
58839 posts
Posted on 12/26/15 at 12:49 pm to
No but they can report it to credit bureau and THAT can screw you big time. The credit score won't but the credit line showing you stiffed housing payments will.
Posted by shel311
McKinney, Texas
Member since Aug 2004
112944 posts
Posted on 12/26/15 at 1:02 pm to
quote:

It's for my son and only his name on lease.
Read the lease agreement???

Nah, ask the OT!!!
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