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I can't get out of my rental lease?
03-19-2014, 09:38 AM
Post: #1
I can't get out of my rental lease?
The lease has ended January 31 and I've been trying to get out the lease but I cannot without my roommates and her dad's signature. My roommate and I do not get along and I'm having trouble with it. My deposit will also be left there and I have asked the girl replacing me to give me the rest of the deposit that she still owes me. People have suggest that I go to small claims court for that.The girl has said okay to giving me my deposit back but she hasn't done anything and she has turned in an application to be added to the lease. The company is willing to add the girl replacing me w/o my consent but wont allow me to get out of the lease w/o theirs. I've also moved out a long time ago and given 30 days notice. I've been stressing for weeks now and I'm at my end. I really need help. Is it possible to get out of a lease without their signatures and how should I proceed with small claims court?? The only evidence I have are Facebook messages, text messages and account statements that I did pay part of the deposit. If not how should I solve this issue?
Thanks for the info everyone. She has already moved in a long while ago and the company wont take out my name until she signs the paper and they are making a new contract for the person moving in...

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03-19-2014, 09:41 AM
Post: #2
 
It's a "free country", if you're in the USA and you can certainly breach any contract, including a lease.

If the "lease ended Jan 31" then what's the problem?

The way you "get out of a lease" is to simply give 30 or 60 days of written notice and then move out. It's that simple. You only "owe" rent that they can prove you owe when they sue you in court. If they have not taken reasonable steps to re-rent to someone else, they have no claim. You win. If they DO claim "damages", you counterclaim for everything else they have EVER done to you, including possible illegal holding of your deposit more than 30 days after you left...

Some states even let you sue for double or TRIPLE damages, plus your attorney fees.

See your local tenant advocates or an attorney right away.

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03-19-2014, 09:47 AM
Post: #3
 
If the lease expired on Jan 31, and you didn't sign the renewal, you are not on the lease. After Jan 31, and a new lease is agreed to, any number of peple can sign without your consent.

Getting your bond returned is entirely a different matter and may need legal intervention. Your bond shuld be held by property management / landlord.
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03-19-2014, 10:02 AM
Post: #4
 
She wouldn't pay you the deposit until she actually moves in. Just applying, why would she pay you?

They CAN NOT add her to the lease without your consent, unless they are signing a NEW lease with her and the old roommate, which would automatically release you from the old (which would be void once a new lease is signed).
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