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grim
Mon Nov 28th, 2011, 09:00 AM
I am in the process of getting a house but am also in a lease agreement where i live now. However it is not the typical apartment lease agreement and is in a condo with a landlord that has never been a landlord before. She got the lease agreement from a friends Realtor. I have gone over the lease a few times but cannot find anything stating that the full amount of the term must be paid in the event the tenant vacates the premises prior to the lease agreement. I can only find that 30 days notice must be given.

is there anyone here who can browse over the lease or know someone who can and answer the question?

UglyDogRacing
Mon Nov 28th, 2011, 09:04 AM
I am in the process of getting a house but am also in a lease agreement where i live now. However it is not the typical apartment lease agreement and is in a condo with a landlord that has never been a landlord before. She got the lease agreement from a friends Realtor. I have gone over the lease a few times but cannot find anything stating that the full amount of the term must be paid in the event the tenant vacates the premises prior to the lease agreement. I can only find that 30 days notice must be given.

is there anyone here who can browse over the lease or know someone who can and answer the question?


Ninja2 is a lawyer

Zach929rr
Mon Nov 28th, 2011, 09:08 AM
Generally speaking, you walking away from the contract would amount to a breach of contract. I'm assuming you are going to liable for the full remaining rent anyway, and if it goes to court tack on those fees.

Might be best for you to talk to your landlord face to face and work a WRITTEN deal out.

Sean
Mon Nov 28th, 2011, 09:19 AM
Might be best for you to talk to your landlord face to face and work a WRITTEN deal out.:imwithstupid: Sometimes open communication is the best option. Who know's, maybe they'd be willing to let you/help you sublease?

grim
Mon Nov 28th, 2011, 09:37 AM
I did speak with my landlord and we were both in the dark as to what the lease stated. Subleasing actually did come up but unfortunately the two people that said they wanted to move in fell through (go figure). So now i have to tell her that the alternate option i had is no longer an option. She has the intent to sell the unit anyways so this may work out in my favor but i have to make sure i dont breach anything huge in the lease that will come back to bite me in the ass. I understand the lease for the most part but there are things i do not understand as well. As i stated it is not a typical lease as well as i understand there are Colorado state laws in regards to leases if certain things are not stated within the lease.

50sGrl
Mon Nov 28th, 2011, 10:16 AM
Walking away from a contract is not necessarily a breach. Depends on what it says. If it's essentially a month-to-month agreement with no other language requiring payment for any certain amount of time, it would be hard to argue that you'd be liable for any accelerated rents. Your first instinct was good: have somebody look at the wording of the contract if your leaving becomes an issue.

TinkerinWstuff
Mon Nov 28th, 2011, 10:27 AM
I've played a lawyer on the internet before

grim
Mon Nov 28th, 2011, 11:28 AM
WOOT WOOT so i just found out from an awesome kickass friend of mine who has written leases before and understands them that i am in the most generic lease there is out there. Pretty much what 50sgrl said it is a month to month and nowhere in the lease does it say that i am liable to make any sort of payment to the landlord upon the termination of the lease. All that was required was that i give a full 30 days notice prior to vacating the premises and it is at the landlords discretion to whether they choose to keep my deposit or return it to me.

grim
Mon Nov 28th, 2011, 11:28 AM
I've played a lawyer on the internet before

im sure you have

grim
Mon Nov 28th, 2011, 11:47 AM
With all of this being said is there anyone here that is looking for a new place in the Parker/englewood/centennial area? It is a very very nice 2 bedroom 2 full bathroom 1,300 sq ft condo on the third level with all of the windows looking out west. rent would be $825 a month if the landlord decides to keep it at that rate. SUb leasing is an option and because the landlord is a very very nice person i would not mind helping her out and having the option of someone else ready to move in. The move in date would be Jan 1st 2012. if anybody is interested let me know.

Filo
Mon Nov 28th, 2011, 11:51 AM
Not a lawyer, but am a landlord...

My leases always have a start date, an end date, a total amount due, and the monthly installment number or "rent". If you have no end date and no total, it is most likely month to month and you can leave whenever as long as you follow the leaving clause (30 days notice, etc). There should not be a reason to forfeit your deposit for giving notice unless the lease states you will. On my rentals, if someone wants to break a lease I require them to pay until the unit is filled by someone else. They usually give me 30 days notice and I usually have it rented before they move out. All they are usually out is the amount for advertising the unit for rent. But then again, I am a really nice landlord. Most are pricks and won't allow that, but you could always suggest that as an option. The rental market is really tight right now, so there should be no problem re-renting unless the place is a meth lab.

Penadam
Mon Nov 28th, 2011, 11:54 AM
... Parker/englewood/centennial area... rent would be $825 a month ...

Damn, it be cheap livin' in the ghetto.

madvlad
Mon Nov 28th, 2011, 12:02 PM
Contract states that you give me your house, car and bike while you pay for it

grim
Mon Nov 28th, 2011, 12:09 PM
Damn, it be cheap livin' in the ghetto.

My condo isn't in the ghetto sport

http://g.co/maps/4u78q

madvlad
Mon Nov 28th, 2011, 12:16 PM
My condo isn't in the ghetto sport

http://g.co/maps/4u78q

Patches O'houlihan is that you?

Penadam
Mon Nov 28th, 2011, 12:18 PM
My condo isn't in the ghetto sport

http://g.co/maps/4u78q

Really far from mountains == ghetto

50sGrl
Mon Nov 28th, 2011, 02:04 PM
. . . it is at the landlords discretion to whether they choose to keep my deposit or return it to me.

I'm not licensed in CO, but unless it's some weirdness in the Colorado landlord/tenant law, I don't see how the landlord could legitimately keep your deposit if you aren't technically in breach of the contract. And if you're month-to-month and give your 30 days' notice, you're not in breach.

TinkerinWstuff
Mon Nov 28th, 2011, 02:07 PM
did someone say breeches?

http://www.horseinthebox.com.au/shop/images/A5014%20Funline%20breeches%20pink-choc%20back.jpg

oops, sorry. I thought that out loud didn't I?