breaking aptment lease question

[ShooterMcGavin]

hey just seeing if anyone has any information on how to best break a lease.

situation in a nutshell is, my gf has a lease through may in a 3 br aptment that she signed on along w/2 other ppl. 1 of the other girls have already moved out, my gf is moving out as well and the 3rd roommate is a complete bitch and won't let them sublease or whatever.

wondering what happens if my gf and her other friend just stop paying the rent, obviously they'll prolly get evicted but does this affect their credit in anyway? or does this only affect their renters credit? any other penalties or any other ways to get out of this lease?

any help is appreciated, thnx.

[2.0civic]

credit and reneters credit but usually theres a lease breaking fee you can pay and that be that and no credit shot...my sister is an apartment leaser...i can shoot you her number if you have any more ?

[babygurl]

yeah it will be on their credit, and the apt company can even take it to collections...tell them to look through the lease that they signed...sometimes with apts if you give them 30 day notice, you can get out of it

[2.0civic]

mine is a 2 month notice and any months left on my contract go up !50 on the rent + base because i got a "deal" on it

[ShooterMcGavin]

^^^how big of a hit on the credit? neither of the girls care about renters credit cuz they have other ways around it. and there is a fee but it's almost not worth paying AND i think it requires all 3 of them to WANT to break (which obviously isn't possible since the hag won't break the least).

[TeeJay]

if you just stop paying rent with no notice, then it will affect whoever's name is on the lease's credit. i think you can submit a written statement and pay a fee to break the lease, but i think the amount depends on how many months are left on the lease

[JennB]

^ what she said and what was said above. If it goes to collections, it goes on her credit and that's not pretty. And a lot of leases can be broken but for a fee. It's usually a fee of a couple months rent or something but worth it to save your credit.

If they both stop paying... what will the other girl do? Get new roommates? Pay it herself? It only gets ugly if it's not paid at all, they don't care who the check comes from.

[ShooterMcGavin]

ok at this time i understand that a lease CAN BE BROKEN WITH A FEE. however, problem here is that the 3rd person DOES NOT WANT TO BREAK IT, therefore, the other 2 have to pay rent and utilities right now for the single person to live there, use the utilities and throw parties and other stupid shit.

[JennB]

Not really, if they just stop paying then she has to figure it out herself. Either get new roommates, pay it all on her own or agree to break the lease.

[Marty]

Stay for the whole term of the lease. It's not worth it to break it.

[TeeJay]

so are all 3 of the girls names on the lease?? because if the 2 that want to leave did not sign the lease, then they can just dip out with no penalty

[ShooterMcGavin]

Stay for the whole term of the lease. It's not worth it to break it.

how is it not worth it? neither of the other 2 even live there anymore so it's like throwing money away, it'd be a better deal to just pay whatever fee it is to get out vs the entire amt to finish the lease.

[Jaimecbr900]

I see this all the time and if you don't do it right you will regret it later.

If they are sublessees, there may not be much the apt complex nor the lessee can do to them unless she sues them and gets a judgement.

If all 3 are on the lease, then they may be SOL unless the apt complex lets them out of the lease via some kind of penalty fee. I doubt that will happen though because the apt knows that all 3 will likely be out if the majority are leaving anyway.

An honest conversation to the leasing agent may be in order since one of them is not being cooperative. If both of them go and tell the apt complex that the third is not being cooperative, they may work with them. Highly unlikely, but possible.

This is exactly why you have to be ultra careful on who you room with.

BTW, there is no such thing as "renters credit". It's just plain ole credit. If it goes on your credit report, it can and usually does stay on there for up to 7 yrs depending on what it is. Collections are notorious for "renewing" everytime they go to a different agency and thereby starting that time clock all over again. I've seen old apt complex collections totally screw people's credit to the point that they end up paying it out, even when they don't agree with it, just to be able to buy their house or larger items that require decent credit ratings.

Trust me, you don't want to merely leave someone stuck with a lease because it CAN come back to haunt you. A lot of young people say they don't care about their credit right now, but regret that later on in life. I hear it all the time, "that's from when I was young and stupid.....".

Ca-v-er on here is a leasing agent and she may be able to shed more light on this than I can.

[ToyoChick05]

First find out who's name is actually on the least and utilities. Whoever's name is on them are responsible for them. Some apartment complexes take all roommates social security number through the roommate program. If she isnt on there then its ok, just dont pay rent.

If her name is on there and they just stop paying rent then they will get evicted. Then the apartment complex is going to take them to court for all the amounts due plus attorney fees and etc etc.

It is going to go on her credit report and be as worst as a unpaid credit card. It counts as a negative and will stay on her credit report for 7 years. Lenders will frown up it and she will get hit with 22% interest rates.

[PRiMAdonna]

whoever's NAME is on the LEASE is the only credit that will be effected.

if the apartment doesn't have your g/f's info/SSN/etc, they cant touch her credit.

[Jaimecbr900]

First find out who's name is actually on the least and utilities. Whoever's name is on them are responsible for them. Some apartment complexes take all roommates social security number through the roommate program. If she isnt on there then its ok, just dont pay rent.

If her name is on there and they just stop paying rent then they will get evicted. Then the apartment complex is going to take them to court for all the amounts due plus attorney fees and etc etc.

It is going to go on her credit report and be as worst as a unpaid credit card. It counts as a negative and will stay on her credit report for 7 years. Lenders will frown up it and she will get hit with 22% interest rates.

Sorry dear, but that's not very good advice. Here's why:

#1. If she is a roommate, she undoubtedly signed some lease with someone. Who it's with? That will control who is going to come after you if you break the lease.

If the apt is in the difficult roommate's name only and the other 2 are just subleasing from her, then if they break their lease with her SHE can most certainly take both of them to court to recover her damages. If she wins, she can certainly get a judgement on them for those damages and that certainly can and most often DOES go on your personal credit because that judgement is public record.

Judgements stay on your credit for 7 yrs.

#2. A previous rent judgement/collection/past due on your credit is most certainly frowned upon by Lenders.....but certainly far more serious in their eyes than a 30 day late on a CC. Lenders actually place very heavy weight on previous rental history when getting your first mortgage. Any derrogatory marks will not be looked upon as no big deal. That's not to say it can't be over come, but it's certainly not looked upon as no big deal. It is a big deal. You didn't live up to your end of the bargain on a lease and left owing money. That's what a ding like that says initially to ANY lender.

[silver]

I had a lease with me and my ex a long time ago on the lease.. when we split up we both went up and because I approved for the apartment on my own, we just signed him off the lease.. that way whatever happened after he left wouldn't fall back on him.. only me...

And then I had a lease with my sister and I.. I had to break that one cuase she wasnt paying.. I think the agreement was I pay a percentage of each month that was left on my lease or until the apartment was resigned with someone else, whichever came first.

I did have another apartment that I had by myself and then my mom got into a money jam so I moved back home and broke my lease to help her... I was in the process of filing a Ch. 7 so I wasnt worried about it cause I was just going to have what I owed the apartment put on my bankruptcy..

Not a great move on my end. Cause now I cant get an apartment on my own. I might finally be able to next year, but I have had to rely on someone else for a place to live and I am 24.. lame huh? Its my fault, but speaking from expierence, she needs to do whatever she can to either make a deal with the apartment to break the lease in good standings.. or get her name off the lease and cut any ties from the apartment.

The apartment will go on your credit report IF ANY UNPAID BALANCE goes to collections. Apartments usually wont report good accounts to your credit, but they are fast to report unpaid balances.. so she needs to take care of it quick...

The apartment I broke my lease with and paid it all in full (Which I actually made payment arangements of $100 a month and as long as I wasnt late it was ok) But becuase I paid it in full and kept my end of the deal with and payment agreements, its no where on my credit..

Just make sure she takes care of it.. That is something that I almost would take care of it on my own even if the others weren't, cuase that isnt something to mess around with, and can haunt you for years.. Like I said, I cant even get an apartment on my own becuase of my mistakes..

[Jaimecbr900]

BTW, this is exactly why most leases contain some sort of clause prohibiting the Leasee from subletting.

See the problems that it can cause?

[civic95]

This is a tough lesson, and I hope others are learning from it. When you sign a lease with other people. Each of you are making a commitment for x amount of months to pay the rent, period. There is no changing your mind. You can pay a penalty (usually 2 months) to end it early. Some complexes will charge that penalty, and charge you for every month that apt. is vacant until your original lease expiration date. And how hard do you think they try to find a tenant? They will fill all other vacant apts, before yours.


Keep this in mind when your thinking about renting an apt with your friends. They can quickly become your ex-friend

[ToyoChick05]

Sorry dear, but that's not very good advice. Here's why:

#1. If she is a roommate, she undoubtedly signed some lease with someone. Who it's with? That will control who is going to come after you if you break the lease.

If the apt is in the difficult roommate's name only and the other 2 are just subleasing from her, then if they break their lease with her SHE can most certainly take both of them to court to recover her damages. If she wins, she can certainly get a judgement on them for those damages and that certainly can and most often DOES go on your personal credit because that judgement is public record.

Judgements stay on your credit for 7 yrs.

#2. A previous rent judgement/collection/past due on your credit is most certainly frowned upon by Lenders.....but certainly far more serious in their eyes than a 30 day late on a CC. Lenders actually place very heavy weight on previous rental history when getting your first mortgage. Any derrogatory marks will not be looked upon as no big deal. That's not to say it can't be over come, but it's certainly not looked upon as no big deal. It is a big deal. You didn't live up to your end of the bargain on a lease and left owing money. That's what a ding like that says initially to ANY lender.

And because we dont have all the information clearly stated NO ONE can give him or her good advice. I was just going baised upon information he gave.

MOST typical people who sublease with any kinda of paperwork being signed.

[Jaimecbr900]

I had a lease with me and my ex a long time ago on the lease.. when we split up we both went up and because I approved for the apartment on my own, we just signed him off the lease.. that way whatever happened after he left wouldn't fall back on him.. only me...

And then I had a lease with my sister and I.. I had to break that one cuase she wasnt paying.. I think the agreement was I pay a percentage of each month that was left on my lease or until the apartment was resigned with someone else, whichever came first.

I did have another apartment that I had by myself and then my mom got into a money jam so I moved back home and broke my lease to help her... I was in the process of filing a Ch. 7 so I wasnt worried about it cause I was just going to have what I owed the apartment put on my bankruptcy..

Not a great move on my end. Cause now I cant get an apartment on my own. I might finally be able to next year, but I have had to rely on someone else for a place to live and I am 24.. lame huh? Its my fault, but speaking from expierence, she needs to do whatever she can to either make a deal with the apartment to break the lease in good standings.. or get her name off the lease and cut any ties from the apartment.

The apartment will go on your credit report IF ANY UNPAID BALANCE goes to collections. Apartments usually wont report good accounts to your credit, but they are fast to report unpaid balances.. so she needs to take care of it quick...

The apartment I broke my lease with and paid it all in full (Which I actually made payment arangements of $100 a month and as long as I wasnt late it was ok) But becuase I paid it in full and kept my end of the deal with and payment agreements, its no where on my credit..

Just make sure she takes care of it.. That is something that I almost would take care of it on my own even if the others weren't, cuase that isnt something to mess around with, and can haunt you for years.. Like I said, I cant even get an apartment on my own becuase of my mistakes..

SEE!!!!!! Exactly what I was talking about.

SEE how it's affecting her years later? SEE how things shouldn't be left unresolved?

Do the right thing and the right things will happen.

BTW, props for being honest and sharing your story. Takes major maturity to do that. Props.

[ShooterMcGavin]

thnx for all the input, this was definitely one of those "i told you so" cases w/my gf, i told her not to get an aptment w/this girl but she didn't listen and of course, here we are. lesson learned? maybe but it sure sucks still having to pay for it on a monthly basis. i'll tell her and the other girl to go and talk to the aptment complex and make them aware of the situation. in the meantime if any other loopholes come about please lemme know, thnx.

[silver]

BTW, this is exactly why most leases contain some sort of clause prohibiting the Leasee from subletting.

See the problems that it can cause?

They are all on the lease in this case.. if I read right..

But a lease is a commitment you make and if you sign with other people, a commitment to them for that 12, 13 or however many months you sign for. Things come up, roommates tend to not get along after a few months.. maybe you have to move.. thats why apartments will work with people to get you out of a lease. But I realllly recommend.. until something is settled, at least try talking to the office, Maybe something to where you can at lease bring your portion of your rent each month.. Its only fair to everyone involved, friends or enemies now, because you signed an agreement.

[silver]

SEE!!!!!! Exactly what I was talking about.

SEE how it's affecting her years later? SEE how things shouldn't be left unresolved?

Do the right thing and the right things will happen.

BTW, props for being honest and sharing your story. Takes major maturity to do that. Props.

Yeah.. Unfortunately I had to learn a lot of things the hard way, lol.. This is the exact stuff why I think there should be some sort of class for freshmen in High School to teach them on how to NOT put theirselves in situations like I have put myself in.. Parents dont really get the point across that much these days, lol

[ShooterMcGavin]

UPDATE: the lease is in all 3 ppls names

[Jaimecbr900]

First find out who's name is actually on the least and utilities. Whoever's name is on them are responsible for them. Some apartment complexes take all roommates social security number through the roommate program. If she isnt on there then its ok, just dont pay rent.

That's the main piece of advice I was having a little problem with.

As you can see in Silver's post, if you don't come with clean hands to the table you can also be paying for it for a long time.

Bottomline is that all 3 signed up, somehow/someway, to do something until May of next year. For whatever reason it's not working out. They need to decide how to resolve it. Take the initiative and be proactive about finding a resolution. It may cost you something, but not doing it right will also cost you something in the long run. Merely not paying rent is not fair to the Landlord since they are the least at fault for any of this. Why should they get stuck with no rent payments? If the Landlord fails to do something on their end, it's one thing. But if the Landlord is merely caught in the middle, why should they be stuck w/o rent payments? It's not their fault, right?

[silver]

first thing she needs to do then is her and the other girl need to go talk to the apartment... trust me, it isnt going to be the first time they are going to see something like this, lol.. but the apartment is going to be the best person to tell them what to do.. cuase they are either going to say sorry you have to pay till the end of the lease, or they will charge a rate for the remainder of the lease. With it being a majority wanting off the lease they may let them break it even though the other girl doesnt want to, not sure how that works though. It's going to be probably $2-3,000 easy.. but split between 3 people.. isnt that much to get out of it.. or pay monthy till the lease is up??

[Jaimecbr900]

UPDATE: the lease is in all 3 ppls names

If that's the case, sometimes apt. complexes are sensitive to disgruntled roommate situations, atleast they should be.

Like Silver suggested, have the 2 roommates go talk to the leasing office. Explain how it's unbearable to live there and there may some remedy the complex may give. You'll never know until you ask, right?

[Tiff-O-Bitties]

Okay, I didn't read all of that stuff, so I'll just tell you what I know...

I've been a property manager for almost a year now, and before that I was a leasing manager/agen/consultant (wtfever) for 3.5 years and I've seen this happen many times!

If they stop paying/move, it's called skipping! Skipping is VERY BAD!!! You can be charged up to 3 times the rental rate (by Georgia state laws) in county limits and then another 3 times the rental rate in the city limits... Not to mention, her account would go straight to collections (do not pass go, do not collect $200), which means it goes on her credit report with a GIGANTIC balance (not to mention if she has ANY damages done to her unit.)

Subletting is ILLEGAL in GA. I don't blame her roomie for not letting that happen.

Here is the BEST thing for her to do:

Option #1: Tell her to talk to her roomie (civilly, no domestic disturbances, please) and find out if she is planning on moving or staying. If she wants to move as well, they need to go to the leasing office and ask for a copy of their lease. Every person who signed the lease is responsible for it. If they all 3 signed it, they all 3 have penalties as far as breaking it (even if one roomie already moved, she is still responsible.) They need to tell management that they wish to move out in however many days.. (We require 30 days notice here, some require 60 or 90 days) Turn in the handwritten notice (stating that they wish to vacate unit # by whatever date is 30, 60, or 90 days from that date). Management will figure up the amount they owe (usually it's one months rent due by the date of move out, and a pro-rated amount for the length of the notice) Then when they move, if the 2 roomies pay their part and the 3rd roomie doesn't pay, her part will go to collections.

Option 2: If the roomie doesn't want to move, and she'll agree to it, they need to go to the leasing office and sign a "release of consent" form. This will make it to where the lease is in only the roommates name. Your girlfriend would then be released from all duties (paying, living there, etc.).

What's the reason for her breaking the lease anyway?

[ShooterMcGavin]

cool, thnx for the info everyone, reps to everyone i can

[Jaimecbr900]

Okay, I didn't read all of that stuff, so I'll just tell you what I know...

I've been a property manager for almost a year now, and before that I was a leasing manager/agen/consultant (wtfever) for 3.5 years and I've seen this happen many times!

If they stop paying/move, it's called skipping! Skipping is VERY BAD!!! You can be charged up to 3 times the rental rate (by Georgia state laws) in county limits and then another 3 times the rental rate in the city limits... Not to mention, her account would go straight to collections (do not pass go, do not collect $200), which means it goes on her credit report with a GIGANTIC balance (not to mention if she has ANY damages done to her unit.)

Subletting is ILLEGAL in GA. I don't blame her roomie for not letting that happen.

Here is the BEST thing for her to do:

Option #1: Tell her to talk to her roomie (civilly, no domestic disturbances, please) and find out if she is planning on moving or staying. If she wants to move as well, they need to go to the leasing office and ask for a copy of their lease. Every person who signed the lease is responsible for it. If they all 3 signed it, they all 3 have penalties as far as breaking it (even if one roomie already moved, she is still responsible.) They need to tell management that they wish to move out in however many days.. (We require 30 days notice here, some require 60 or 90 days) Turn in the handwritten notice (stating that they wish to vacate unit # by whatever date is 30, 60, or 90 days from that date). Management will figure up the amount they owe (usually it's one months rent due by the date of move out, and a pro-rated amount for the length of the notice) Then when they move, if the 2 roomies pay their part and the 3rd roomie doesn't pay, her part will go to collections.

Option 2: If the roomie doesn't want to move, and she'll agree to it, they need to go to the leasing office and sign a "release of consent" form. This will make it to where the lease is in only the roommates name. Your girlfriend would then be released from all duties (paying, living there, etc.).

What's the reason for her breaking the lease anyway?

Told yall Tiff would know......

[ShooterMcGavin]

lol no doubt, that's why i pm'd her the link to this thread as soon as i posted

[civic95]

She's probably better off to get evicted.