STRESSED OVER SOMETHING

[rgecaprock]

You all have been great to go to about things that don't have anything to do with winemaking. Here is the problem:


I am in an apartment which I hate. There is alot of crime and I don't feel safe here. I finished a year lease at the end of Oct and reluctantly signed another year lease because I had no where to go and was hoping to possibly buya housethis year after this lease but don't think that is possible now.


One of my good friends knows an attorney who has rental property so she told her about me wanting a house to live in. She has a very nice one in the area I want to be, in a nice neighborhood. Lots of potential for a wine room and a place for all my plants. 3 bedroom, and an office, nice back yard.


Even though she says that chances are that I won't get out of my lease at the apartments.The attorneyis suggesting that I break it. She is not going to charge me a deposit and has come down on the rent for me.


I have never broken a lease or been late on any payments for rent.


What would any of you do in this situation??? I am really having a hard time with this.


Thank you, maybe some of you in real estate or an attorney or anyone just giving me their 2 cents would be appreciated.


RamonaEdited by: rgecaprock

 

[grapeman]

I certainly don't know much about real estate law or the likes, but it sounds like you have found a nice place. I would certainly explore the options. What does your lease say about breaking it - what penalties, etc would be imposed. Sometimes if you tell a landlord you just don't like the place because - name the reasons- they might let you out of it. It probably wouldn't hurt if you let it slip that you were considering moving into a lawyer's place. If the landlord kept your security deposit, would it be more than the one the new landlord doesn't charge you for. Is it closer to work, Do you feel safer there, etc. Make a pro list and a con list and be honest with yourself.


Good luck no matter what you decide.

Edited by: appleman

 

[Harry]

Hi Ramona
If it were me i would break the lease and move into your friends house. Life is too short to not be happy where you live and enjoy doing.If i had to live in an appartment i would go crazy. Just think if you are in your house you can grow more flowers and make lots more Wine. Good luck on your decision.

Harry

 

[OilnH2O]

Ramona,


Like with wine, have patience! Think this through before you make a decision. I'm sure you can get lot's of "help" from our colleagues here on the forum, but you should do your homework, just as you would before picking just any ol' recipe for a bunch of strawberries you have!


First, I'm not a lawyer either, but as Rich says, find out just what the lease says about "breaking" it and what the penalties are. It may be that moving out with no notice means one thing, giving 60 days notice may be another. Or, it may be that you can sub-let, or have someone else take over your portion of the lease. In any event, figure out the options and the costs, and it will help youreach a decision.


Lastly, don't hesitate to look into how to buy into a place as well. If you end up breaking a lease just to rent somewhere else, that's one thing. And, if you ask the potential NEW landlord who happens to be an attorney, how to break your present lease, he/she may get the wrong impression -- they might think you'd break the lease on THEM! On the other hand, with your excellent record of payments, it may be that you could actually find a deal where your lease could have 50 percent go toward an eventual down payment. Really. This things happen you just need to figure out how to make them happen to you!


Explore all your options -- that's all I'm suggesting! And thanks for trusting all of us to help you out in this -- after all, in the end, it's not only your decision but it's you that has to "live with it!"


Best of luck

Dave

 

[rgecaprock]

I did read the lease and they have just about everything covered on their end: Not even illness or death can release you from the lease. And there is a big section about how they don't guarantee our safety. The only thing would be to join the military.....and that's out for me....lol.


I just am wondering if anyone has had an experience with a broken lease or knows someone or knows the repercussions. What am I in for if I would break it. I am going to look at the house tomorrow and I'm sure I will want it even more but I just don't know what the consequences are.




Thank you, apple, harry and oil for responding so fast.......RamonaEdited by: rgecaprock

 

[smurfe]

I sent you a PM of some suggestions. I will also ask my wife who was a real estate paralegal for years what your rights are. I think she did real estate there in Houston as well so maybe she will know what the laws are there.


Smurfe

 

[rshosted]

The Seven Landlord sins:

1. Often times if you talk with them, they will charge you for every month you are gone until they fill that apartment. Depending on if they can fill it soon, you might only have to pay a month.

2.Other option is to sublease it for a year.

3. Complain. They don't like it either. Have them fix a leaky faucet... every time it drips once. complain if the carpet comes up. If the heat is 'not right' slippery steps, water heater, windows leaky, high crime rate...

4. Have someone, like a realator read the lease. Tell them you are considering buying a house, but not if you can't get out. Often they are trained in the verbage of a good contact and can tell you if there is a loophole (I don't know that I've ever seen a contract without one)

5. This is extreme. Get a roomate. Add him to the lease. Kill him. Most leases actually cannot be legally binding if one of the parties is dead... eh murdered (it's all the same).

I can almost promise there is something in that contract they promised to do but didn't... really. Read it again....

6. Talk to other tennants to see what they may know.

7. Ohhh I got it. In most states if you have consumed ANY alcohol you cannot legally sign a contract. If you can prove that you had alcohol before signing it they cannot hold you to it. You do make wine... right?

Ok Some... ok most of the ideas I proposed are not good. I think you can figure out which ones will serve you the best. Ultimately, if you can come to an agreement with the landlord it won't hurt your credit or reference to leave early. But it may not be cheap.


One last thing: GOOGLE: "how to break a lease"

Edited by: rshosted

 

[rgecaprock]

rs,


Thanks for making me laugh!!!!

 

[rgecaprock]

This forum is the best!!!

 

[PeterZ]

Ramona, all I can tell you I that I broke a lease a lease in NYC in 1977 to move to Houston because I fell in love. (We got married in '78, have two kids, and I'll be joining her on the sofa in a few minutes.)

I'm not sure if I am still on the "HE BROKE THE LEASE" list in NYC, but they have a hell of a "union" there. When we were in Houston we both signed a lease 3 months before we got married, and the apartment complex had questions for me because I still had time on my existing lease (she was living at home, so had no lease to break). I had to do some fast talking to convince the new complex I wasn't walking on the old one.

I don't know if that type of "union" still exists in Houston. A lot of that kind of control disappeared in the oil crash of the early 80's.

Having said that, I will say this. How long are you planning to stay in the new place? If you think you will be there a long time it might be worth the risk. Just know that you might poison the possibility of another apartment lease in the future.

The long and the short of it is, I have no advice for you.

Where in Houston are you? The apartment I mentioned was at Aldine-Bender and 59 (ours, not mine. Mine was over by the Greenspoint Mall). We later moved to Spring, rented for a while and them bought our first house in Spring (Greengate off Treaschwig Rd). Lost our shirts in the collapse.

 

[lednugenna]

As a landlord myself I would suggest that you talk to your landlord to find out where you stand. I have let tenents out of their lease before when they were willing to help me to find a new tenent (by making the apartment look as good as possible and available to show). It might be worth it in the end.
Anne

 

[rgecaprock]

PeterZ,


Right now Im about a block or 2from the Galleria, around all the "Men's Clubs" between Westheimer and Richmond.


The house is close to 290 and Jones Road. I owned a house near there in 2001-2003 until I decided to go to Va. then had to come back.


And Anne, when you all say landlord I think of a nice reasonable person not the big corporation who owns this 350 unit complex. But I will definitely take the proper steps what ever I decide to do and I would plan on being in the "house" for a very long time. All I can think about is my wine room and a place for my 70 some plants that are growing as I speak.


Ramona

 

[rgecaprock]

UDATE:
Thank you all for helping me. I went to see the house today and it was not something worth breaking a lease over. I just don't understand peoples motives sometimes. The house wasn't even repaired, completely painted, carpet was dirty, bathrooms dirty, electricity was not on in the house so didn't know if any of the appliances worked. I just can't believe that this attorney was wanting me to break my lease before Feb. 1st and said I could start moving in boxes right away and do the cleaing and painting. Got a bad feeling..so my decision is made........No Way...am I going to move into that house. There will be other houses but I only have one record which is mine for the rest of my life.


Most of all I don't know what motivated my friend to try to suggest that this would be something good for me.


I'll just always go with my gut!!!! Ramona

 

[Wade E]

The grass isnt always greener on the other side, matter of fact, it rarely is!

 

[NorthernWinos]

When something comes along and 'feels right' you'll know...then do it...and....don't look back....

 

[Waldo]

Amen to that NW

 

[jobe05]

Ramona: As I read through all the good post to your trouble, I kept asking yself........ "An attorney for a landlord????" I think I would rather half Big, impersonal corporate hobnobs who at least put it in writting that they don't care about you or your safety, just pay your rent, than have some halfwitted legal minded *&%Hole for a Landlord.


You made the right decision. Having been in Property Management for many years, I can tell you, that the lease ou have is 100% legal and binding. However........ The people in your local office are local people and can be reasonable, if they can not be, ask for the property manager for the company (not the complex). Let them know your situation, most complexes will allow you to sublet the apartment (as someone else suggested), offer to pay for the newspaper ad, or post in local laundry mates, stores etc...


If by chance you need to sign another lease, let the landlord know that you need to add a clause (or 2). Always add a job transfer clause, home buying (inherited property etc) and also include a job Loss clause.

 

[rgecaprock]

Jobe, thank you.


I'm going to do things the right way. I'll save my money for the remainder of the lease. (Oct. 31,07). Then get out in the legal way.The plans are in the making.......you guys are the best

Ramona

 

[Joanie]

If the situation comes up again before October, would it be possible to sub let?

 

[rgecaprock]

Joan, I'm going to plan, I have 8 months....I plan to be free and clear of here.


Ramona