Advice needed on tenant/landlord issue...

ok, so I've been laid off for a month & because I'm an independent contractor I'm ineligible for unemployment. Being unable to find work and out of savings, I've been forced to make some hard choices. Do I keep my Jeep, which I need for work(if I find it) or do I keep my apartment? I made the decision that my first priority had to be transportation, so I let my property management company know that I was out of work, could not find work and therefore could not pay my rent this month and if I did not find work soon, would not be able to pay rent at all. I inquired about terminating my lease. I expected that I might be evicted if I was unable to pay my rent. What I didn't expect was what thy told me next: in addition to evicting me, they would also sue me in court to recover the remainder of my lease, which comes to about $10,000.

what do I do now? I'm so completely fucked, I can't believe it. Do I have any recourse at all? I'm shocked that they would do something like that, but my apartment manager also intimated to me that a guy in my building recently died just after renewing his lease, so the company went after his estate to collect.
any advice?

 

They cannot sue you for the remainder of your lease if they are able to get a new tenant into your apt after you leave.

AFAIK You could only be held responsible for the time the apt remained empty, as they can't get the rent from the new tenant and you for the same period of time.

Be realistic. If you have to pay the $10 grand for the rent even when you aren't living there anymore, then you might as well squat and stay and run up the rent tab to the tune of $10 grand if you are gonna be on the hook for it anyways.

PS-what do you do?

 

Paging, Mr. Doyle.

 

Try to find a sublet while you're there. Once the sublet is in you're off the hook, unless he doesn't pay. Best case would be to find a new tenant to take your spot and sign a NEW lease.

 

I own some rental Property in Boston and also manage 200 Rental units.

You are on the hook (a little) What you need to do only deal with your Landlord in writing or Email so everything is Documented. Read your lease looking for clause concerning Sublets. Also post the apartment on craig's List and find another qualified tenant. Present them to your landlord As either a sublet or even Better a New lessee. If they dont go for it you will have proof that you did this. If your new tenant is accepted on a New Lease Make sure your get a written release from your lease.

One thing you cant do is live in the apartment if you have no money to pay the rent. You will have to pay your rent.



Contact a tenant advocate for advice or assistance.

I am not sure of PA laws. But they would have a hard time collecting the balance of the lease $$$ if they re-rented your apartment.

If they intend to collect the entire Lease amount from you. You theoretically could not be evicted. If they evicted you after a month or two you would only have to pay a month or two as an eviction is the Removal of a tenant as well as the cancelation of the Lease.

PM if you need any Advice

 

i'm a commercial real estate guy, so take this for what it's worth. you should start looking for a replacement tenant. if the management company is in a good mood, the new tenant would assume your lease, provided the rent is at least equal to what you were paying (after paying for any expenses incurred by the management company). if not, and based on the response you've received from the management company already, they will likely hold you responsible for the shortfall through the end of your lease term and keep you on the hook in the event the new tenant defaults on the lease.

if this is in fact the case, and it sounds like it is, to the extent you find a new tenant, and the lease allows it, you might be well-advised to sublease the apartment to the new tenant. this will leave you with additional remedies in the event the sublessee defaults - i.e. you could evict - assuming you papered it correctly. this is preferable to continuing to pay rent while your subtenant squats.

when trying to guess what the management company will accept, just assume that they will generally not agree to anything that will leave them with less than what they have with you on the lease. this also applies to the creditworthiness of the new tenant.

read your lease carefully. whatever you do, don't try to just skip out on the lease. i understand you're in a difficult situation, but if they get a judgment against you it will most likely appear on your credit report. good luck.

 

He`s a construction contractor

 

do you own the Jeep outright? if so, sell it and buy a cheap 2wd drive truck and use the rest of the money to keep up on your rent.

 

I suspect if the jeep was paid for he would not be worried about keeping it or paying the rent. I get the impression of limited funds have to go to one or the other.

 

Ask the landlord if there is any work you can do around the apartment complex.

Barter - Welcome to the newest fad in America.

 

Good Points,

Its very important that you do not put the Landlord in a position that they lose money.

 

Fad hell. It's the best economic system on the planet.

 

Just seems like everybody forgot how to do it, though.

I expect to see it used more.

 

you can live in your Jeep, but you cant drive the apartment. keep the jeep.

 

According to my lease, I'm not allowed to sublet. I ask about finding a replacement tenant- they gave me some line that because there are still other available 1-bedroom units i my complex i would still be liable for the $. My only option, it seems is to find a job and stay, but I am finding that I am vastly overqualified for the jobs in my field that I'm applying for and possibly under-qualified for positions outside of my field that the pay grade I need to be able to keep my apartment.

 

Get a make work job of some sort: Home Depot, etc.

I know it isn't that simple but it's the only answer I can come up with.

 

Since they have vacant units, that is likely one reason they are holding firm. Ask them if they will give you a break if you find them tenants for a couple units. You might not be able to, but it may keep the hounds at bay for a while.

Oh, and if you need money, sell the Jeep and get something that is paid for. No payments, liability insurance only.

 

This is the order I would pay for things.
1. Food
2. Utilites ( heat and water not cable tv ect.)
3. Housing
4. Transportation

So what I would do is sell the Jeep in order to get rid of the payment even if you owe more than it will sell for and buy the cheapest reliable transportaion you can find for less than $1000. Get any job you can find today even if that means delivering pizza or working at UPS unloading planes at 3am.

A good website is www.daveramsey.com. He addresses these issues and what to to.

 

In this day of constant foreclosures and families being physically evicted from their homes, I can't see a judge wasting his/her time with a rental walk away.

If this is a major complex, there must be good 20% of the tenants that are behind on their rent, maybe more. This is what they should be worrying about.

I do remember being in my last apartment some 18 years ago and trying to get out (crappy place, bad neighbors, etc.). Management told me the same thing, if I walk away, I'm responsible for the remaining amount on the lease.

Are their studio apartments in the complex that are cheaper? Might be able to negotiate one.

 

I have a tenant that is on tough times and I allowed him to get a room mate so he does not get to far behind. They would be a fool if they don't.But he does owe me a paint job on my new bike for late fees.