We want to move out early, will pay rent through end of lease, can owner demand we stay in the house?
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We're moving out of our rental property early. The lease runs until June. The owner asked us to move 5 months earlier, in January, because he wants the house for himself. Since agreeing to this, we have found a new place to live in. We want to move out of our rental right away, and move into our new house. If we pay rent throughout the remainder of our (newly agreed on) lease date, are we required to have utilities hooked up at the house? Are we required to keep it at a certain minimmum temperature? Are we required to actually live in the house? The owner is demanding that we keep utilities on and pay for them, as well as continuing to live in the house. The contract states the house cannot remain empty for more than two weeks without the owner's consent. What penalties could we incur if we shut off utilities and stop living there, even though we pay rent? Isn't breaking the lease all he could do, which is what we want? Assuming no damage results from us leaving the house?
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Answer:
You mentioned a "newly agreed upon lease date". Is this new date in writing and agreed upon by both parties? IF it is, then you are responsible to live up to it. If your landlord broke the conditions of the lease casually and did not have a new agreement signed by you, then the lease is broken altogether and you may do as you please, as long as you provide a written notice of 30 days to vacate. Do do this, you also need proof of the landlords intention to break the lease themselves. Good luck with this situation. COVER YOUR BUTT, because a broken lease is a tough consequence that follows you for 7 to 10 years on your credit report!
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Other answers
You lost me you said the owner asked you to move 5 months earlier? if that's the case you don't have to be responsible for anything you both agree to break the lease and you are done if i didn't Miss-understand something.
rightnow
What country do you live in? In America those stipulations would be a crock. You give 30 days notice, pay the rent for those 30 days, and leave when you are supposed too. Why should you pay for utilities and a house that you are not living in. Let him move in there if he wants it occupied and what he uses he pays for.
Thaylen M
He can't penalize you for not having the utilities on, although that may be a gray area should something happen (busted pipes due to ice, etc.) that could be caused by the utilities being shut off. On the other hand, you can keep the utilities on, and just set the settings to the minimum, e.g. 78 degrees for the temp. That should keep the landlord quiet. If he's so pressed about you keeping the utilities on and yet he wants to house to himself early, why doesn't he just let you break the lease and leave? he sounds unreasonable to me. Also, make sure you get EVERYTHING, YES EVERYTHING IN WRITING, no matter how unimportant you may think it may be. This will eliminate any problems that may arise.
Kenteman
If your lease states you must have utilities on and the property cannot be left vacant for more than 2 weeks, then you are in violation of the lease terms if you vacate and turn off utilities no matter who pays rent. The penalties for breaking a lease vary from state to state. Also, did you get your "newly agreed upon" lease in writing? Everything needs to be in writing. Good Luck.
LasVegasMomma
No, They can't make you do anything as long as you pay the rent
jojo
First off , it seems like your landlord is a bit of a nut. Irrelevant , but needed to be said. The original lease ( 12 mo. , 6 mo. ,...etc ), was it fulfilled ? If so , and the new contract had a durations but was broken by the landlord without your consent , you may go. If there were no new follow up lease agreements...you may go. If a new contract , with the stipulation for longevity was drawn and signed by both parties yet became violated by the landlords eagerness and without your consent...you may go. If there was an agreed upon early termination of the secondary lease ( signed , initialed and dated by all concerned parties ) it is a legally binding contract . Check with your state laws for specifics on individual clauses. For example , is a Notary Republic required at signings which alter a legal document ? A possible maneuver on your part could be a grievance petition filed against the manager for....say , unfair business practices. You might argue that the guy wants you to vacate early but continue paying utilities so he will not be responsible to pay himself. Again...do your research. If , however , every avenue becomes blocked and you have two choices...comply of forfeit , these are the possible consequences for your failing to fulfill your contractural obligations. Depending on the size of his operation and his standing with local and national credit reporting agencies , he could file against you for failure to pay as agreed. The worst case senario here is , of course , an I-9 which translates to a "Poor Credit Risk". The PCR rating will remain a part of your profile for six (6) years and eleven (11) months at which time it becomes purged from the records unless it is intruduced as court records in the form of a judgement. Should the landlord and/or leasing company decide to bring suit against you and you are found guilty , this judgement file will remain for Ten (10) years and if not satisfied , can be renewed every ten years until you forget how to count. Unless we are talking thousands and thousands of dollars and a substancial loss of income (corporately) , it will probably just ...go away. There is a lot of expense , clerical , legal and personal time that has to be invested in these cases. The only other sure reason is a personal vendetta. These can be unpredictable. Sorry to talk so long but I hope I've helped a little. Good Luck .
Attaboyslim
Sounds like a very sticky situation. (If) this is stated in your contract that you are required to stay and pay but he breaches first. He can't have it both ways. Everyone wants there cake and eat it to but he initiated the breach first, in therory common sense would tell anyone that. He cannot hold you liable. I would get it in writing and have it notarized. You could get him for breach of contract (if) he pursues you.
Hun
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