Breaking a lease

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LatinAggie1997
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2:33p, 5/17/22
AG
I would appreciate some information on a difficult situation.
My daughter and her family, including my 1 yr old granddaughter, want to move. Their townhouse is not in the best area but in a developing part of south midtown. Crime (vandalism/break ins, etc) and homelessness are increasing. For the third time in less than three months they have had issues. The landlord's mentality has been unsympathetic.

Forgoing the "why did they choose that area" and what not, any advice would be greatly appreciated.

They do not feel safe anymore and simply want to relocate.

Thanks
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Boomhauer89
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2:38p, 5/17/22
AG
It should be fairly straight-forward and spelled out in the lease, it is generally x months rent as a lump sum. When I broke my lease to purchase my first house I believe it was 2 or 3 months rent.
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12thMan9
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3:17p, 5/17/22
AG
If they've documented the issues & incidences, they may have recourse. Read the sections on the lease that relate to that.
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LatinAggie1997
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3:23p, 5/17/22
AG
My apologies...I failed to mention that I was notread in to their lease. My daughter notified me earlier of the latest incident and was very upset. I will speak to son in law about lease details and read them myself.

I know the police have e been notified on multiple occasions and police reports taken.

He travels and they both work so she is not comfortable there anymore.


Thanks
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AgLaw02
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3:35p, 5/17/22
AG
Not an expert on the topic, and rules can vary state to state, but rising crime rates and "I don't feel safe" aren't typically enough to justify breaking a lease. That means they may need to buy their way out of it if they want to leave. Those rules should be covered in the lease.
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ATM9000
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In reply to AgLaw02 • 3:45p, 5/17/22
AG
AgLaw02 said:
Not an expert on the topic, and rules can vary state to state, but rising crime rates and "I don't feel safe" aren't typically enough to justify breaking a lease. That means they may need to buy their way out of it if they want to leave. Those rules should be covered in the lease.

Buying your way out is effectively breaking a lease… they are the same thing.

I think most people have a negative stigma around the word 'break' with lease. A justification isn't needed… most contracts and most lease 'breaks' come with financial considerations.

Breaking a lease and defaulting on a lease are not the same thing and in fact very different.
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one MEEN Ag
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In reply to LatinAggie1997 • 4:02p, 5/17/22
AG
Unless there is something that is a specific danger to them that the landlord is not fixing, they're kinda SOL. 'Bad neighborhood' isn't specific enough. Crime issues are very rarely the landlord's fault or can they specifically fix. You complain enough and they maybe put bars on the windows for you (probably not). You get broken in enough and you could claim they need to better protect you with bars and locks.

Best option is to just pay the fee to break the lease.

No formal advice on breaking the contract, not paying, and trying to dodge the small claims against them. If its a crappy enough neighborhood, the landlord might think its not worth the fight in small claims.
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one MEEN Ag
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In reply to ATM9000 • 4:04p, 5/17/22
AG
ATM9000 said:
AgLaw02 said:
Not an expert on the topic, and rules can vary state to state, but rising crime rates and "I don't feel safe" aren't typically enough to justify breaking a lease. That means they may need to buy their way out of it if they want to leave. Those rules should be covered in the lease.

Buying your way out is effectively breaking a lease… they are the same thing.

I think most people have a negative stigma around the word 'break' with lease. A justification isn't needed… most contracts and most lease 'breaks' come with financial considerations.
You know, it wasn't until after college that I had a lease that I could break. Every lease was, pay up, full contract price. Moving to a big city the market was pretty consistent with people moving all the time. In college station, every landlord knew that if they had 1-2 months fee to break a lease everyone would break it come May to save on summer rent.
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aggiepaintrain
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5:31p, 5/17/22
AG
try to sublease it, or write a check for your daughter
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LatinAggie1997
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8:19p, 5/17/22
AG
Update-
Two months rent to break the lease. Son in law was hoping for a loophole but I don't believe there to be a valid one.

Well, they were looking to downgrade anyway. That place is way too expensive for the location. He is from CA and wanted to be centrally located and leased it for them as a surprise.

Lessons learned. The $5,800 check will be an expensive lesson learned but indelible.


Thanks Ags!
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aggiepaintrain
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8:38p, 5/17/22
AG
You're a good dad, that would be Christmas, bday, etc for a while….

I hope you can give them
some friendly advice for the next one
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Aggie09Derek
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In reply to LatinAggie1997 • 9:18p, 5/17/22
AG
Where in midtown is the house?
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ATM9000
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In reply to one MEEN Ag • 12:30a, 5/18/22
AG
one MEEN Ag said:
ATM9000 said:
AgLaw02 said:
Not an expert on the topic, and rules can vary state to state, but rising crime rates and "I don't feel safe" aren't typically enough to justify breaking a lease. That means they may need to buy their way out of it if they want to leave. Those rules should be covered in the lease.

Buying your way out is effectively breaking a lease… they are the same thing.

I think most people have a negative stigma around the word 'break' with lease. A justification isn't needed… most contracts and most lease 'breaks' come with financial considerations.
You know, it wasn't until after college that I had a lease that I could break. Every lease was, pay up, full contract price. Moving to a big city the market was pretty consistent with people moving all the time. In college station, every landlord knew that if they had 1-2 months fee to break a lease everyone would break it come May to save on summer rent.

Right because College Station is probably the most seasonal rental market in Texas and one of the most seasonal markets in America. I'd call it a huge exception to the rule because the opportunity cost of somebody breaking a lease in that town on a rental has to be massive.
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LatinAggie1997
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In reply to Aggie09Derek • 3:00a, 5/18/22
AG
Aggie09Derek said:
Where in midtown is the house?


5 minutes from Turkey Leg Hut...between Fannin and Almeda but just west of Alabama
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one MEEN Ag
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In reply to LatinAggie1997 • 8:33a, 5/18/22
AG
LatinAggie1997 said:
Update-
Two months rent to break the lease. Son in law was hoping for a loophole but I don't believe there to be a valid one.

Well, they were looking to downgrade anyway. That place is way too expensive for the location. He is from CA and wanted to be centrally located and leased it for them as a surprise.

Lessons learned. The $5,800 check will be an expensive lesson learned but indelible.


Thanks Ags!
If he really moved because he thought it was unsafe and thought someone was going to break in, hurt his family, hold them at gun point, then consider that 5.8k the least bad of all the alternatives he was trying to prevent.

Consider one month's rent as the cost of preventing something bad from happening and one month as a lesson learned in due diligence. I've seen way more expensive lessons in home buying and stock purchasing.

Glad they're going to move to somewhere they think is worth the peace of mind. I recommend consulting this Judgemental map of houston before signing another lease.

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jaggiemaggie
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9:01a, 5/18/22
AG
Could he Airbnb it for few times to recoup some of that $5800?
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LatinAggie1997
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In reply to jaggiemaggie • 9:06a, 5/18/22
AG
That's an idea I will definitely pass on.
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Aggie09Derek
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In reply to jaggiemaggie • 9:18a, 5/18/22
AG
jaggiemaggie said:
Could he Airbnb it for few times to recoup some of that $5800?


No go for almost every lease I believe.
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AGTX
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In reply to Aggie09Derek • 9:49a, 5/18/22
AG
What are they going to do? Kick him out and charge him 2 months rent?
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Keeper of The Spirits
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4:04p, 5/19/22
AG
Question, no judgment intended but why go to the SIL over your daughter?

She's a big girl and should learn to handle or at a bare minimum understand these types of issues without having to rely on Hubby or Daddy. When my folks divorced my moms had to learn to do all that stuff and it was tough. Not saying they will get divorced but it's 2022 and these issues are no longer just the man's work. My wife hates that stuff too but in the event I am unavailable or God calls me up to the big leagues I'd like her to be ready to handle this type of stuff
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LatinAggie1997
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In reply to Keeper of The Spirits • 6:48p, 5/20/22
AG
Keeper of The Spirits said:
Question, no judgment intended but why go to the SIL over your daughter?

She's a big girl and should learn to handle or at a bare minimum understand these types of issues without having to rely on Hubby or Daddy. When my folks divorced my moms had to learn to do all that stuff and it was tough. Not saying they will get divorced but it's 2022 and these issues are no longer just the man's work. My wife hates that stuff too but in the event I am unavailable or God calls me up to the big leagues I'd like her to be ready to handle this type of stuff


1. He leased the townhouse under his name and without her knowledge. They had been looking together but he pulled the trigger alone as a surprise.
2. She called me to discuss the most recent events, her concerns, and ask questions. She had not seen the lease and he was at work.
3. When he got home they both were on the line to discuss the situation.
4. My daughter typically contacts me for advice when she is ignoron a topic, scared, or stuck on a decision. She knows I can wear many hats if needed (her dad, a friend, a male, a parent, old wise fart) and that I can be honest and objective in those hats.
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Win At Life
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9:22p, 5/20/22
AG
Not sure what your son's lease says and can't remember what my son's said, but I remember reading something also about state laws on breaking leases. This is what we did. He unhooked the chain on the toilet and told management it wasn't working. Waiting legal number of days and sent Certified letter. (Can't remember if they fixed it but if they did, he unhooked again and told them in writing they failed to fix it) . Moved out after the minimum number of days handing them a letter that the place was unlivable due to no working toilet and referenced the state legal statute that we followed. They took the deposit, but we never heard from them after that.

Your results may vary.
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752bro4
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In reply to Win At Life • 10:41p, 5/20/22
AG
Very cool how your son lied and cheated and you're bragging about it.
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ATM9000
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In reply to Win At Life • 11:10p, 5/20/22
AG
Win At Life said:
Not sure what your son's lease says and can't remember what my son's said, but I remember reading something also about state laws on breaking leases. This is what we did. He unhooked the chain on the toilet and told management it wasn't working. Waiting legal number of days and sent Certified letter. (Can't remember if they fixed it but if they did, he unhooked again and told them in writing they failed to fix it) . Moved out after the minimum number of days handing them a letter that the place was unlivable due to no working toilet and referenced the state legal statute that we followed. They took the deposit, but we never heard from them after that.

Your results may vary.

So your contribution is to resort to vandalism and mail fraud in order to screw the landlord?
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Win At Life
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In reply to ATM9000 • 8:48a, 5/21/22
AG
ATM9000 said:
Win At Life said:
Not sure what your son's lease says and can't remember what my son's said, but I remember reading something also about state laws on breaking leases. This is what we did. He unhooked the chain on the toilet and told management it wasn't working. Waiting legal number of days and sent Certified letter. (Can't remember if they fixed it but if they did, he unhooked again and told them in writing they failed to fix it) . Moved out after the minimum number of days handing them a letter that the place was unlivable due to no working toilet and referenced the state legal statute that we followed. They took the deposit, but we never heard from them after that.

Your results may vary.

So your contribution is to resort to vandalism and mail fraud in order to screw the landlord?


He never lied. They never asked about how it got that way. Vandalism? Have you ever tried to improve something to make it work better but made it worse?l I've messed with toilet chains many time and only make things worse. Maybe that's what happened in this case. Both parties agreed to part on these terms.

Oh, and the landlord did some really chitty things to him that could not be proved or used legally to break the lease. But I was not answering the question of morality, and only addressing the mechanics of making it happen.
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sts7049
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9:33a, 5/21/22
AG
that's an interesting way to justify being a POS
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ATM9000
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In reply to Win At Life • 10:41a, 5/21/22
AG
Win At Life said:
ATM9000 said:
Win At Life said:
Not sure what your son's lease says and can't remember what my son's said, but I remember reading something also about state laws on breaking leases. This is what we did. He unhooked the chain on the toilet and told management it wasn't working. Waiting legal number of days and sent Certified letter. (Can't remember if they fixed it but if they did, he unhooked again and told them in writing they failed to fix it) . Moved out after the minimum number of days handing them a letter that the place was unlivable due to no working toilet and referenced the state legal statute that we followed. They took the deposit, but we never heard from them after that.

Your results may vary.

So your contribution is to resort to vandalism and mail fraud in order to screw the landlord?


He never lied. They never asked about how it got that way. Vandalism? Have you ever tried to improve something to make it work better but made it worse?l I've messed with toilet chains many time and only make things worse. Maybe that's what happened in this case. Both parties agreed to part on these terms.

Oh, and the landlord did some really chitty things to him that could not be proved or used legally to break the lease. But I was not answering the question of morality, and only addressing the mechanics of making it happen.

Never said he lied but he did deceive. This is clearly deception with the intent to defraud out of his obligations. Utilized mail to do it too. It's fraud, vandalism and did it a part through the mail. So… technically, he committed a federal crime to avoid a month of rent.

So yeah… you didn't answer a moral question but suggested a pretty illegal solution to the problem.
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swimmerbabe11
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In reply to one MEEN Ag • 10:48a, 5/21/22
oh they updated that recently I think
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Diggity
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In reply to Win At Life • 12:29p, 5/21/22
AG
Win At Life said:
ATM9000 said:
Win At Life said:
Not sure what your son's lease says and can't remember what my son's said, but I remember reading something also about state laws on breaking leases. This is what we did. He unhooked the chain on the toilet and told management it wasn't working. Waiting legal number of days and sent Certified letter. (Can't remember if they fixed it but if they did, he unhooked again and told them in writing they failed to fix it) . Moved out after the minimum number of days handing them a letter that the place was unlivable due to no working toilet and referenced the state legal statute that we followed. They took the deposit, but we never heard from them after that.

Your results may vary.

So your contribution is to resort to vandalism and mail fraud in order to screw the landlord?


He never lied. They never asked about how it got that way. Vandalism? Have you ever tried to improve something to make it work better but made it worse?l I've messed with toilet chains many time and only make things worse. Maybe that's what happened in this case. Both parties agreed to part on these terms.

Oh, and the landlord did some really chitty things to him that could not be proved or used legally to break the lease. But I was not answering the question of morality, and only addressing the mechanics of making it happen.


Username does not fit

And I don't know a lease in the world that would let the tenant out over a broken toilet. Landlord sounds like a saint for letting him out over that BS.
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RebAg13
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In reply to Diggity • 2:09p, 5/21/22
AG
Diggity said:
Win At Life said:
ATM9000 said:
Win At Life said:
Not sure what your son's lease says and can't remember what my son's said, but I remember reading something also about state laws on breaking leases. This is what we did. He unhooked the chain on the toilet and told management it wasn't working. Waiting legal number of days and sent Certified letter. (Can't remember if they fixed it but if they did, he unhooked again and told them in writing they failed to fix it) . Moved out after the minimum number of days handing them a letter that the place was unlivable due to no working toilet and referenced the state legal statute that we followed. They took the deposit, but we never heard from them after that.

Your results may vary.

So your contribution is to resort to vandalism and mail fraud in order to screw the landlord?


He never lied. They never asked about how it got that way. Vandalism? Have you ever tried to improve something to make it work better but made it worse?l I've messed with toilet chains many time and only make things worse. Maybe that's what happened in this case. Both parties agreed to part on these terms.

Oh, and the landlord did some really chitty things to him that could not be proved or used legally to break the lease. But I was not answering the question of morality, and only addressing the mechanics of making it happen.


Username does not fit

And I don't know a lease in the world that would let the tenant out over a broken toilet. Landlord sounds like a saint for letting him out over that BS.


Some tenants are just bad news. Sounds like win at life's son is.
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