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? about Breaking a home lease

Posted by on May. 2, 2010 at 10:18 AM
  • 3 Replies

Due to financial reasons we have to break our lease.  We signed a renewal 2 year lease in Feb.  What can the landlord due?  Are we responsible for everythign until it is over?  The lease I signed has nothing about breaking our contract. Theonly thing it states is if I am on a month to month I have to give a 30 day notice. But I am not month to month I am on a 2 year contract. Besides that there is nothing about breaking the lease.

What can she do when I break it? This is home.  The lease is below





Heres our lease:

Residential Lease Renewal
APARTMENT — CONDOMINIUM — HOUSE
BY THIS AGREEMENT made and entered into on__________January 31,2010 ,
Between XXXXXX  herein referred to as Lessor, and _ XXXXX / XXXXXX.
______________herein referred to as Lessee. Lessor leases to Lessee the premises situated at __________________
_____XXX Fountain Chase___________________________ , in the City of _______XXXX______________
County of ____XXXX________________ , State of ___Texas________ , and more particularly described as follows:
________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
Together with all appurtenances, for a term of __Two_ years, to commence on __January 31, 2010 , and to end on
___January 31, 2012 at ___12___ o’clock a . m.
1. Rent. Lessee agrees to pay, without demand, to Lessor as rent for the demised premises the sum of ______________
_One Thousand Fifty Dollars ($ 1,050.00 ) per month in advance on the 1st day of each calendar month beginning
February 1____ , 2010 , at _______XXXX XXXX Dr. ____________________ City of ___XXXX_____, State
of _____California , 94401____, or at such other place as Lessor may designate.
2. Form of Payment. Lessee agrees to pay rent each month in the form of one personal check, OR one cashier’s check,
OR one money order made out to ___XXXXX______________ .
3. Late Payments. For any rent payment not paid by the date due, Lessee shall pay a late fee in the amount of
________Fifty_________ Dollars ($__50.00_ ) .
4. Returned Checks. It for any reason, a check used by Lessee to pay Lessor is returned without having been paid,
Lessee will pay a charge of ________Twenty Five______________________ Dollars ($___25.00__ ) as additional rent
AND take whatever other consequences there might be in making a late payment. After the second time a Lessee’s check
is returned, Lessee must thereafter secure a cashier’s check or money order for payment of rent.
5. Security Deposit. On execution of this lease, Lessee deposits with Lessor N/A ($1,050 deposit was paid with
prior lease)___Dollars, receipt of which is acknowledged by Lessor as security for the faithful performance by Lessee of
the terms hereof, to be returned to Lessee, without interest, except where required by law, on the full and faithful performance
by him of the provisions hereof.
6. Quiet Enjoyment. Lessor covenants that on paying the rent and performing the covenants herein contained, Lessee
shall peacefully and quietly have, hold, and enjoy the demised premises for the agreed term.
7. Use of Premises. The demised premises shall be used and occupied by Lessee exclusively as a private single family
residence, and neither the premises nor any part thereof shall be used at any time during the term of this lease by Lessee
for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private
single family residence. Lessee shall comply with all the sanitary laws, ordinances, rules, and orders of appropriate
governmental authorities affecting the cleanliness, occupancy, and preservation of the demised premises, and the sidewalks
connected thereto, during the term of this lease.
8. Number of Occupants. Lessee agrees that the demised premises shall be occupied by no more than __4__ persons,
consisting of ___2___ adults and ___2____ children under the age of ___18___ years, without the written consent of
Lessor.
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9. Condition of Premises. Lessee stipulates that he has examined the demised premises, including the grounds and all
buildings and improvements, and that they are, at the time of this lease, in good order, repair, and a safe, clean, and tenantable
condition.
10. Keys. Lessee will be given ___2___key(s) to the premises and _2_ mailbox key(s). If all keys are not returned to
Lessor following termination of lease, Lessee shall be charged ______Fifty_______ Dollars($__50.00__).
11. Locks. Lessee agrees not to change locks on any door or mailbox without first obtaining Lessor’s written permission.
Having obtained written permission, Lessee agrees to pay for changing the locks and to provide Lessor with one duplicate
key per lock.
12. Lockout. If Lessee becomes locked out of the premises after management’s regular stated business hours, Lessee
will be required to secure a private locksmith to regain entry at Lessee’s sole expense.
13. Parking. Any parking that may be provided is strictly self-park and is at owner’s risk. Parking fees are for a license to
park only. No bailment or bailee custody is intended. Lessor is not responsible for, nor does Lessor assume any liability for
damages caused by fire, theft, and casualty or any other cause whatsoever with respect to any car or its contents. Snow
removal is the responsibility of the car owner. Any tenant who wishes to rent a parking space or garage must sign a Parking
Space or Garage Rental Agreement.
14. Assignment and Subletting. Without the prior written consent of Lessor, Lessee shall not assign this lease, or sublet
or grant any concession or license to use the premises or any part thereof. Consent by Lessor to one assignment, subletting,
concession, or license shall not be deemed to be consent to any subsequent assignment, subletting, concession, or
license. An assignment, subletting, concession, or license without the prior written consent of Lessor, or an assignment or
subletting by operation of law, shall be void and shall, at Lessor’s option, terminate this lease.
15. Alterations and Improvements. Lessee shall make no alterations to the buildings on the demised premises or construct
any building or make other improvements on the demised premises without the prior written consent of Lessor. All
alterations, changes, and improvements built, constructed, or placed on the demised premises by Lessee, with the exception
of fixtures removable without damage to the premises and movable personal property, shall, unless otherwise provided
by written agreement between Lessor and Lessee, be the property of Lessor and remain on the demised premises at
the expiration or sooner termination of this lease.
16. Damage to Premises. If the demised premises, or any part thereot shall be partially damaged by fire or other casualty
not due to Lessee’s negligence or willful act or that of his employee, family, agent, or visitor, the premises shall be
promptly repaired by Lessor and there shall be an abatement of rent corresponding with the time during which, and the
extent to which, the leased premises may have been untenantable; but, if the leased premises should be damaged other
than by Lessee’s negligence or willful act or that of his employee, family, agent, or visitor to the extent that Lessor shall
decide not to rebuild or repair~ the term of this lease shall end and the rent shall be prorated up to the time of the damage.
17. Dangerous Materials. Lessee shall not keep or have on the leased premises any article or thing of a dangerous,
inflammable, or explosive character that might unreasonably increase the danger of fire on the leased premises or that
might be considered hazardous or extra hazardous by any responsible insurance company.
18. Utilities. Lessee shall be responsible for arranging for and paying for all utility services required on the premises,
except that ______________N/A_____________________________________shall be provided by Lessor.
19. Right of Inspection. Lessor and his agents shall have the right at all reasonable times during the term of this lease
and any renewal thereof to enter the demised premises for the purpose of inspecting the premises and all building and
improvements thereon.
20. Maintenance and Repair. Lessee will, at his sole expense, keep and maintain the leased premises and appurtenances
in good and sanitary condition and repair during the term of this lease and any renewal thereof. In particular,
Lessee shall keep the fixtures in the house or on or about the leased premises in good order and repair; keep the furnace
clean; keep the electric bells in order; keep the walks free from dirt and debris; and, at his sole expense, shall make all
required repairs to the plumbing, range, heating, apparatus, and electric and gas fixtures whenever damage thereto shall
have resulted from Lessee’s misuse, waste, or neglect or that of his employee, family, agent, or visitor. Major maintenance
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and repair of the leased premises, not due to Lessee’s misuse, waste, or neglect or that of his employee, family, agent, or
visitor, shall be the responsibility of Lessor or his assigns. Lessee agrees that no signs shall be placed or painting done on
or about the leased premises by Lessee or at his direction without the prior written consent of Lessor.
21. Painting. Lessor reserves the right to determine when the dwelling will be painted unless there is any law to the
contrary.
22. Insurance. Lessor has obtained insurance to cover fire damage to the building itself and liability insurance to cover
certain personal injuries occurring as a result of property defects or Lessor negligence. Lessor’s insurance does not cover
Lessee’s possessions or Lessee’s negligence. Lessee shall obtain a Lessee’s insurance policy to cover damage or loss of
personal possessions, as well as losses resulting from their negligence.
23. Pets. Pets shall not be allowed without the prior written consent of the Lessor. At the time of signing this lease,
Lessee shall pay to Lessor, in trust, a deposit of _ N/A_($250 pet deposit was paid with prior lease) Dollars, to be
held and disbursed for pet damages to the Premises (if any) as provided by law. This deposit is in addition to any other
security deposit stated in this lease. Any Lessee who wishes to keep a pet in the rented unit must sign a Pet Agreement
Addendum.
24. Display of Signs. During the last __30__days of this lease, Lessor or his agent shall have the privilege of displaying
the usual “For Sale” or “For Rent” or “Vacancy” signs on the demised premises and of showing the property to prospective
purchasers or tenants.
25. Rules and Regulations. Lessor’s existing rules and regulations, if any, shall be signed by Lessee, attached to this
agreement and incorporated into it. Lessor may adopt other rules and regulations at a later time provided that they have a
legitimate purpose, not modify Lessee’s rights substantially and not become effective without notice of at least two (2)
weeks.
26. Subordination of Lease. This lease and Lessee’s leasehold interest hereunder are and shall be subject, subordinate,
and inferior to any liens or encumbrances now or hereafter placed on the demised premises by Lessor, all advances
made under any such liens or encumbrances, the interest payable on any such liens or encumbrances, and any and all
renewals or extensions of such liens or encumbrances.
27. Holdover by Lessee. Should Lessee remain in possession of the demised premises with the consent of Lessor after
the natural expiration of this lease, a new month-to-month tenancy shall be created between Lessor and Lessee which
shall be subject to all the terms and conditions hereof but shall be terminated on days’ written notice served by either
Lessor or Lessee on the other party.
28. Notice of Intent to Vacate. This paragraph applies only when this Agreement is or has become a month-to-month
Agreement.] Lessor shall advise Lessee of any changes in terms of tenancy with advance notice of at least 30 days.
Changes may include notices of termination, rent adjustments or other reasonable changes in the terms of this Agreement.
29. Surrender of Premises. At the expiration of the lease term, Lessee shall quit and surrender the premises hereby
demised in as good state and condition as they were at the commencement of this lease, reasonable use and wear thereof
and damages by the elements accepted.
30. Default. If any default is made in the payment of rent, or any part thereof, at the times hereinbefore specified, or if
any default is made in the performance of or compliance with any other term or condition hereof, the lease, at the option of
Lessor, shall terminate and be forfeited, and Lessor may re-enter the premises and remove all persons there from. Lessee
shall be given written notice of any default or breach, and termination and forfeiture of the lease shall not result if, within
___10______ days of receipt of such notice, Lessee has corrected the default or breach or has taken action reasonably
likely to effect such correction within a reasonable time.
31. Abandonment. If at any time during the term of this lease Lessee abandons the demised premises or any part thereof,
Lessor may, at his option, enter the demised premises by any means without being liable for any prosecution
therefore, and without becoming liable to Lessee for damages or for any payment of any kind whatever, and may, at his
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discretion, as agent for Lessee, re-let the demised premises, or any part thereof for the whole or any part of the then unexpired
term, and may receive and collect all rent payable by virtue of such re-letting, and, at Lessor’s option, hold Lessee
liable for any difference between the rent that would have been payable under this lease during the balance of the unexpired
term, if this lease had continued in force, and the net rent for such period realized by Lessor by means of such reletting.
If Lessor’s right of re-entry is exercised following abandonment of the premises by Lessee, then Lessor may consider
any personal property belonging to Lessee and left on the premises to also have been abandoned, in which case
Lessor may dispose of all such personal property in any manner Lessor shall deem proper and is hereby relieved of all
liability for doing so.
32. Binding Effect. The covenants and conditions herein contained shall apply to and bind the heirs, legal representatives,
and assigns of the parties hereto, and all covenants are to be construed as conditions of this lease.
33. Radon Gas Disclosure. As required by law, (Landlord) (Seller) makes the following disclosure: “Radon Gas” is a
naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health
risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found
in buildings in every state. Additional information regarding radon and radon testing may be obtained from your county
public health unit.
34. Lead Paint Disclosure~ “Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and
dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant
women. Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or leadbased
paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention.
35. Severability. If any portion of this lease shall be held to be invalid or unenforceable for any reason, the remaining
provisions shall continue to be valid and enforceable. If a court finds that any provision of this lease is invalid or unenforceable,
but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be
written, construed and enforced as so limited.
26. Other Terms: _________________________________________________________________________________
________________________________________________________________________________.________________
_________________________________________________________________________________________________
Lessee is given two Garage remote controls. If the remote controls are not returned to Lessor following______
termination of lease, Lessee shall be charged Fifty dollar each._______________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
WITNESS WHEREOF, the parties have executed this lease the day and year first above written.
Lessor: _ Qihua Hu _____________ Lessee: _ __James & Noathalia Borwn_____________Date:___________
Lessor: ______________________________ Lessee: ______________________________________Date:___________
NOTICE: State law establishes rights and obligations for parties to rental agreements. This agreement is required to comply
with the Truth in Renting Act or the applicable Landlord Tenant Statute or code of your state. If you have a question
about the interpretation or legality of a provision of this agreement, you may want to seek assistance from a lawyer or other
qualified person.
NOTICE: Contact your local county real estate board for additional forms that may be required to meet your specific needs.
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by on May. 2, 2010 at 10:18 AM
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Replies (1-3):
illiana707
by on May. 2, 2010 at 10:43 AM

The landlord has the right to sue your for lost rent until it is rented again. So if it takes them 6 months you will owe six months rent. It will be difficult if you do this to rent in the future. I would approach the landlord and notify them of the situation. Maybe they will help you out by looking for a new renter while you are still living there. If you just suddenly up and they are not going to be happy.

mommyof3-2008
by Silver Member on May. 2, 2010 at 10:51 AM

We have notified them.  They are helping us look.  I have never been sued...what happenes?

Quoting illiana707:

The landlord has the right to sue your for lost rent until it is rented again. So if it takes them 6 months you will owe six months rent. It will be difficult if you do this to rent in the future. I would approach the landlord and notify them of the situation. Maybe they will help you out by looking for a new renter while you are still living there. If you just suddenly up and they are not going to be happy.



illiana707
by on May. 2, 2010 at 12:56 PM

Well if they are helping you look the good news is they may find a replacement and you might not have damages. I have never been sued, but from my understanding if you were you would get notified of your small claims hearing date and would have to appear. Then the judge would hear your case. With this situation it would be cut and dry. A judgement would be put in their favor. You would be obligated to pay. Eventually if you didn't pay they could garnish wages.

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