renter needing out of rental…landlord not helping?
My husband and I moved into a house on Sept 29. 2008. The landlord accepted our pitbull and made us put down a 325 extra deposit. We just found out that he is allowed in the town but their are tons of restrictions(200,00 insurance, muzzle, kennel, no barking ect.) So we have never even brought him up here. we drive back(6 hours away) to take care of him since we know he is not allowed
We want to move out. we found a place where he is allowed. We call the landlord to tell him and he says we have to wait until Dec 1st(end of this month plus 30 days) until we can move out and get our deposit bacl(675 rent plus 325 pet deposit) and only then if he finds someone else to rent it.
Is there anyway we could get out of this legally? thanks
State Kansas County Leavenworth
The lease is for 6 months from Oct 1st to April 1st then month to month.
If I did a sublet would I get my 1000.00 deposit back?
Filed under: Pet Insurance
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Sorry, I think you are stuck. You should have checked the pit bull restrictions when you were planning your move. It sounds like the landlord is willing to work with you, and if another tenant can be found then that is the best way out for both of you. You can help by putting out ads for a sublessee ASAP. Generally in breaking the lease you forfeit your entire deposit. But you’d have to check your lease for the specific terms and penalties.
Of course, if you never signed a lease but are on a month-to-month tenancy, you can leave any time with 30 days notice. But I’m assuming that’s not the case.
If you have never brought your dog there he should refund your pet deposit. You give 30 days notice and your done. He cant make you stay if you give 30 days notice, but the thing about these landlords is they will always try to keep your deposit no matter what you do. If you want it you have to take them to court which is not really worth it. He cant make you stay unless you signed a lease. If you piss him off he will find a way to keep the deposit. This is why I am BUYING a house. They got ya by the balls and they know it. You do have rights though. Good luck. I hate renting.
You had better check your lease, I doubt it ends on April 1st. More likely than not it ends on March 31st.
You have a legally binding 6 month lease. You cannot unilaterally terminate it until it’s expiration date. The landlord can legally hold you liable for the rent until either the lease expires or a replacement tenant is found.
The landlord can demand anything he wants at this point. He has the upper hand since he has you locked into a legally binding lease and can hold you liable for the rent.
Any rent owed per your lease can be legally deducted from your security deposit.
You cannot sublet unless the landlord gives you permission to do so.
Subletting can be a bad idea, because you are essentially the subtenants landlord and remain liable to your landlord for the entire lease term. If your subtenant fails to pay rent, damage the place or default in some other way, you are responsible to evict them. You are still responsible to pay your landlord any rent or damages owed. You then have to sue your subtenant to collect from them.
When you sublet, your security deposit remains with the landlord until your lease term expires, so you would not get it back immediately anyways.