# Best way to break our rental lease.



## Alli (24 Jan 2010)

Hi there,

We have been renting a house for the past 17 months.  Always paid rent on time, take good care of the property and have a good relationship with our landlords rental agency.

Our current lease is due to expire in August 2010.

We have started to actively look for buying a house.  Our rental agency are aware we are house-hunting and have even showed us a property recently.  
In fact, at one point we even approached the agency and asked them if our landlord would sell, so it's been quite clear from the outset our intention to buy a property.

Now, if we buy something in the next few months, and have keys to a house we own, yet still have a few months remaining on our lease, it is my understanding that our landlord could request that we pay the remaining rent, and keep the deposit.

What is our best approach here?

1. Do we write to the rental agency and tell them we are hoping to buy a property in the next few months and there is a chance we will be breaking our lease if it happens before August 2010, and if so what happens?  Or do we say nothing until this actually happens?  

2. To be fair, we may even come to the end of our lease and not have found anything to buy and may be approaching the agency to see if we could go month to month until we buy.

My main worries are in relation to point 1.  

Would really appreciate your advice.

Thanks,

Alli


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## mathepac (25 Jan 2010)

What does your lease say about notice?


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## Hans (26 Jan 2010)

http://www.askaboutmoney.com/showthread.php?t=130197.  Have a read of this thread in my estimation and experience as a landlord leases aren't worth the paper they are written on - your landlord should be happy to have such good tenants for now.


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## Alli (26 Jan 2010)

Thank you for your responses.  the lease reads:

_This is a legally binding contract.  the tenant could lose his or her security deposit if any of the terms of the lease are broken or if the property is vacated before the tenancy ends, further the landlord may pursue the tenants for the balance of the rent due under this agreement and may sue for damages._


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## Buddyg (27 Jan 2010)

Why did you renew your lease? People are crazy to do this.

When your initial 6 month or 12 month lease runs out you just stay on a part 4 tenancy giving you the choice to stay or leave with the notice.


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## Hans (27 Jan 2010)

Alli said:


> Thank you for your responses.  the lease reads:
> 
> _This is a legally binding contract.  the tenant could lose his or her security deposit if any of the terms of the lease are broken or if the property is vacated before the tenancy ends, further the landlord may pursue the tenants for the balance of the rent due under this agreement and may sue for damages._




Its legally binding if the landlord takes you all the way to court and I've yet to hear of that done also I feel a judge would throw it out of court. What has happened in my case is tenant ran into the month without paying so using up some of their deposit and then moved out so they only lost a week or two deposit.  I know as a landlord I'm shooting myself in foot but I think if you treat tenants fair (and this includes letting them out of lease agreements) they usually treat you fair and you seem to have been very good tenants so he should be thankful about this. I have been a landlord for a long time and I can honestly say that I have few bad experiences as it's a two way situation and if this landlord plays dirty with you I believe in 'Karma'


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## Alli (27 Jan 2010)

Buddyg, i had no idea this existed....wish I had.

While I don't mind forfeiting the deposit (although I'd still rather not as it would be much needed when moving), I'm worried about the court action part.

When renewing it, we really thought it would be at least another year before we would be in a position to buy...

live and learn, eh.

thanks Hans, good to know not all landlords are bad


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## Alli (27 Jan 2010)

ps: Someone said to me 'sure if you see a house you like stall the process to co-incide with your leaving date and you will not lose a penny...'

thing is, I would not do this to someone, as I too believe in Karma!

Also, you'd be hard pressed to stall a house process between now and august, no matter how picky a customer you were!


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## stargirl01 (28 Jan 2010)

If you have not seen a house that you want to purchase, the chances are very high that you shall be renting until at least June and more than likely after that until you get your keys. With so little remaining on the lease, its unlikely anyone will pursue you for the remaining 2 months.


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## anntionette (28 Jan 2010)

As long as the land lord can prove they tried to find someone in the time you gave notice up until your lease expires and they cant, then not only can he keep your entire deposit he can presue you for the other months rent, which he will get if it goes to court. I have seen it happen on the one occasion I have seen a landlord go after a tenant. Tenant had began tenancy when there were queues out the door to rent it and broke it when unfortunately for them rental interest had waned. Judge found for the landlord. Most likely your landlord wont come after you for the rest of the lease rent but he definately can keep your deposit and there is no way of getting it back legally. You are best to be upfrount now about possibility of breaking lease and as soon as you know your going, agree to work with the landlord/agency with viewings. All landlords expect some vacancy time in their property but if it can be limited with your help your landlord should return your whole deposit. Landlords are not all bad but they are business poeple with bills to pay too. As previous poster says if your a decent tenant and your landlord is likewise then I wouldn´t worry. Good luck with thte house hunting!


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