# breaking a lease?



## Countrygal23 (Dec 7, 2012)

I was wondering if anyone can help me, we've been renting a house for a year now..its a year to year lease renews automatically unless notice is given 60 days prior. Well the house is old and has no insulation, we pay 500-600$ dollars in propane a month in the winter. I'm pregnant with twins due in december and not working so we are living off of my husbands income alone. I was wondering if there is anyway to break the lease without burning any bridges and not having any fees to pay.


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## edcopp (Oct 9, 2004)

Give 60 days notice in writing. You could do that by mail. I suggest certified mail. 

What bridges? It is a contract that you may choose not to renew.

Now on with the house hunting.


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## TedH71 (Jan 19, 2003)

I would NEVER put up with paying that much in propane at all. Never have and never will. Best of luck finding reasonable rentals.


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## John_Canada (Aug 17, 2013)

If you did not sign a new lease it becomes a rental agreement at that point and only requires 30 day notice. Lots of caveats in that tho best to ask a lawyer. Worst case is they sue you for the time it takes them to re rent the place.


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## jwal10 (Jun 5, 2010)

Does this place have land also? Did they rent it that way? Farmland is often rented year to year and if you don't let the owner know 60 days in advance they take it as you want it for another year. Talk to them and see what you can work out. Always good to let your landlord know what is going on so you are on the same page. Do you have a written contract? Does it say 60 days before the anniversary of the signing of the contract, every year. Or 60 day notice....James


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## Snowfan (Nov 6, 2011)

No legal advice to offer but I sure hope you kids find a fair way out of this and in to something you can work with. It's by no means a quick fix, but would the owner consider selling the property to you? That's assuming it's a property you can work with.


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## simi-steading (Sep 27, 2012)

If you didn't get your 60 day notice sent in in time, and you are in another years lease, then not really much you can do... If you are stuck for another year and try to leave early, then you can be held liable for the rent for that time, or at least the time until the place is rented again. 

I've seen people break a lease then have to pay 8 months of rent because it was a safer bet for the landlord to leave the place empty with no threat of damage from tenants..


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## joshcheney (Feb 2, 2011)

The first thing to do is just to sit down and have a conversation with the landlord. Let him know that you would like to be able to leave, and that you are a little confused about the 60 day renewal. 

If he explains it to you, and you are stuck there for a year, according to the lease, remember that his biggest concern with having you break the lease is leaving the property empty. 

If you were to say that you would stay there until he found a new tenant, and cooperate with him in showing the place, I would imagine that would go a long way towards him (or her) being willing to allow you to break your lease.


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## catspjamas (Jul 14, 2013)

Did the lease agreement state that when it renewed it was for another year? The rental agreements I've signed became month to month after the set time period. Get your lease out and reread it to make sure you understand what it says and then talk with the landlord.

Sent from my XT907 using Homesteading Today mobile app


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## Gianni (Dec 9, 2009)

Offer to insulate it for an off set of the rent money, if you like the place.


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## citilivin (Mar 21, 2006)

Lots of advice, but Real Estate laws vary from state to state. I'd check with a RE atty. sometimes they offer a free consultation


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## KatSchultz (Jul 7, 2013)

The laws vary from state to state. There are a few things you can do to help you out, however.

The first would be to read your lease contract in full and make sure you understand everything it says.

Second, contact the landlord and explain your situation. The reason he/she requires a 60 days notice is because that gives them 60 days to find a new tenant. Since this is a house and not an apartment, it can sometimes be harder to find new tenant that you feel you can trust. Apartments are different. It's easier to put in a claim with a credit agency, and you don't have to go to court to sue for the money! It's also cheaper to do background checks and quicker to rent them out. Not to mention that your rent = his income. 

Next, I'd explain to him the problems you're having. Obviously the home having no insulation is creating a financial hardship, especially during the winter. Also, now you'll have not one, but two newborns to worry about... health-wise this is problematic.

Check building codes, and renter laws for your local area - he may be responsible for ensuring that insulation is installed if the lack of insulation is causing potential harm or causing unnecessary financial hardship. Or, as a previous poster suggested, he may allow you to insulate the home and reduce your monthly payments. Often times home owners who rent their properties are more than happy to let tenants upgrade the house and knock money off while doing it! My uncle did this for years in Ohio, and as long as he continued to upgrade the property, he actually paid NO rent - it afforded him the opportunity to buy a home within only a few years.

Finally, it sounds as though you've missed your window to get out of your automatic lease renewal. But approaching your landlord with your complaints while being civilized can often times get you somewhere quite easily. Although, I've never heard of an automatic lease renewal. In Nevada, to renew a lease it must be signed in person otherwise it was month-to-month contract allowing a 30 days notice (with the exception of weekly renting, then it was 10 days notice). And this is where you may want to look into laws further. Just because you put it in a contract does not make it legal. 

I worked as an Apartment Leasing Agent/Assistant Manager for years - and I can only say that there were times when people had come in to break their lease. It really depended on how they approached it and the legitimacy of their claims. Although, in the end, it didn't matter how bad their "problem" was, if they were rude we were less likely to work with them. Anything that was a safety issue, of course was always taken care of immediately, but the relationship was diminished - and we surely wouldn't let them out of their contract without penalizing them.

I do hope it works out for you and your family.


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## Evons hubby (Oct 3, 2005)

I happen to own a rental house with a very similar situation going on right now. My tenant contacted us just a few days ago offering to insulate the house if I would consider taking the cost of materials off their rent... and they would provide the labor, and Lowe's will furnish them the machine to blow it in. I am all for it. You might talk to your landlord and offer him a similar deal if you like where your living other than the cost of heating an uninsulated house.


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