Good morning dtdan-ga and thank you for posting your question. In
answer to your question, anyone can break a lease at anytime, no
matter where you live, HOWEVER, I have found no state or Federal law
allowing you to get away without paying for breaking your lease.
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Q: I leased an apartment six months ago. However, I found a home I
want to buy and escrow closes in two weeks. My problem is that I have
a year lease on the rental. Can I break the lease, and if so, how?
A: Yes, you can break the lease, but you still have financial
obligations to the owner. You have entered into a contract and are
obligated to pay rent for the full term of the lease, whether you live
there or not. If you do not pay, the owner can sue you, and may get a
judgment against you. Fortunately, the owner has an obligation to make
reasonable efforts to rent the property to another tenant as quickly
as possible and must use that tenant's rent payments to offset your
obligations.
Source: Housing Rights
( http://www.redwoodcityhousing.org/content/content_rights/content_rights_signs/content_rights_signs.htm
)
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A few states have statutes that allow tenants to get out of leases if
they are in the military and have received orders posting them more
than a certain number of miles away. And a few states allow elderly
tenants to get out of a lease if they are accepted to an assisted-care
facility, but that is it.
You state in your question, "...her answer is current months rent and
two months additional rent, fortiture of deposit and 30 days written
notice..."
According to Utah Statutes, your landlord must give you written
notification re: your security deposit:
57-17-1. Return or explanation of retainage upon termination of tenancy.
Owners or designated agents requiring deposits however denominated
from renters leasing or renting residential dwelling units shall
either return those deposits at the termination of the tenancy or
provide the renter with written notice explaining why any deposit
refundable under the terms of the lease or rental agreement is being
retained.
Source: Utah Code
( http://www.le.state.ut.us/~code/TITLE57/htm/57_13002.htm )
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"When you rent a place, you have the right to know if any part of the
deposit is not refundable. If your landlord keeps part or all of your
deposit, they must provide you with an itemized list of any deductions
made. After you move out of the rental unit, any remaining deposit
money should be sent to you within 30 days of your moving out or
fifteen days after the landlord receives your forwarding address,
which ever is later."
Source: Rental Information ? Utah State University
( http://extension.usu.edu/files/homipubs/flho-19.pdf )
"Under Utah law, if any part of a security deposit is non-refundable,
then it must be stated in writing at the time the tenant delivers the
deposit. If no notice is given, then the deposit is fully refundable
at the end of the lease term.
If any of the deposit is retained, the landlord must give the tenant
written notice that explains why the deposit is being withheld. More
specifically, the landlord must give the tenant a written itemization
of any deductions and the reasons for them. The written itemization
must be delivered or mailed to the tenant within 30 days after the
lease is terminated or within 15 days after receiving the tenant?s new
address, whichever is later, unless there is damage to the property.
If the landlord fails to do so in bad faith, then the tenant may
recover the full deposit, a civil penalty of $100 ? the landlord pays
the tenant a $100 fine ? and the applicable small claims court costs."
Source: Hilltop Times
( http://www.hilltoptimes.com/archive/20010705/9.html )
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Additionally, while some states have limits on how long the landlord
can continue to charge you rent after you have left, many do not, and
you could be responsible for paying the remainder of your lease, in
full, up front. Seeing that your lease is up in November (4 months)
and she is only asking for 2 months additional rent, you are getting
off luckier than most.
Most states require the landlord to take reasonable steps to rerent
the unit and credit the new rent toward the remainder on the lease.
This is known as mitigating the damages. This means that the tenant
will be liable only for the months the unit was vacant.
"...To protect yourself if you do break the lease, give the landlord
as much notice as possible that you are moving. Your landlord has a
duty to try to re-rent the apartment. After you move, watch the paper
for ads, and keep an eye on the property you vacated. After someone
else moves in, you are no longer responsible for the rent because your
landlord cannot collect rent twice for the same property. The landlord
can collect the difference between the old rent and the new rent,
under certain conditions..."
Source: Utah ? Landlord/Tenant
( http://www.utcourts.gov/howto/landlord/#13 )
You may be charged by the landlord for his costs in re-renting the
apartment (placing ads, showing the unit, cleaning, etc.)
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According to your question, you have already tried speaking to your
landlord about breaking the lease without penalty to no avail.
Perhaps you can try finding a new tenant yourself to take over your
lease. A landlord would foolish to turn away a willing could-be
tenant. Also, check your lease to see if there is any release
clause. If there is, it will detail the rules and responsibilities for
breaking the lease.
I recommend NOT hiring an attorney to resolve the issue as pursuing a
solution in small claims court would add to your debt rather than come
to your aid. However, if you have tried negotiating and your
landlord still won't budge, your final option may be to contact a
mediator. Mediators are usually publicly funded and available free or
at low cost. Utah has a good search system for locating a mediator
for your type of case. You can find a searchable database at:
( http://www.utcourts.gov/mediation/roster/ )
For more information, consider ordering "Break Your Lease Without
Breaking the Law", which can be found at:
( http://www.nolo.com/product.cfm/ObjectID/D66F01D8-750C-4103-A553F46A4F85CD0E/104/138/
)
"...[it] discusses the five legal ways to walk away from a residential
lease without running afoul of the landlord or the law. In plain
English, it explains the ins and outs of getting out, including how
to:
1. get the landlord to cancel the lease
2. terminate the lease by finding a new tenant
3. assign the lease to someone else
4. sublet..."
If you have any other questions, you can contact:
Office of the Attorney General
Consumer Rights Division
236 State Capital
Salt Lake City, UT 84114
(801) 538-1015 (p)
(801) 538-1121 (f)
Fair Housing Agency:
Industrial Commission
Anti-Discrimination Division
160 East 300 South
Salt Lake City, UT 84114
(801) 530-6801
I hope this answers your question. If you need any clarification
before rating, please do not hesitate to ask!
Nenna-GA
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