What would you do?

[Divinity]

So I'm up and kinda taking my time, drinking my coffee and BAM! I get this e-mail from my landlord:

Hi Jessica: We want to run something by you. N was just laid off from his
job here in Chicago. We will be moving back to Colorado. We wanted to move
back, just not this soon. In the best case scenario, we would be able to
move back into our house. The boys could be in their old rooms and go to
their old schools. What would make it worth it to you to break the lease?

Thanks so much for your understanding of this situation. Please let us know
your thoughts as soon as you can.

Best,
M

I live in the house with my husband, brother, and his wife and we were planning on a 2 year lease, but as of right now have a 1 year lease. I'm just shocked to even be asked this. I understand her situation and why she asked, but I'm just speechless. This ever happen to anyone else? Thoughts?

 

[TISH1124]

Wow! Thats sudden....Well at least you have the right to stay through your current lease....And no doubt she will be giving you all your deposit back to help you guys find a new place. This is very unfortunate especially with the holidays coming up...I feel so bad for you...But unfortunately they only have to honor the lease agreement.

But I would explain to them that you were anticipating staying for a full two years and see if there is anyway she can accommodate you in any manner.

 

[banjobama]

Definitely at least stay your whole lease you already signed for. What an uncomfortable question! It seems kind of rude for them to not only ask that you move out, but try to play on your sympathy as well.

 

[TISH1124]

I know right....You want to say...And BTW....I don't understand this situation...I sympathize...But I don't understand, Lady!
Run something by you...A Bus would have had less impact at this time.

 

[Beauty Mark]

She's desperate. Desperate times call for desperate measures. I'm guessing that she and her family feel terrible and want whatever they can have to get back to normal.

I don't know what to tell you to do. I probably wouldn't inconvenience myself, unless she provided a very sweet deal (paid for my moving and found a comparable place for me). It sucks, but that's what happens when you sign a lease.

 

[MACLovin]

Uh, wow! She certainly put you on the spot, didn't she?

I really don't know what I'd do in that situation. While I would sympathize with the circumstances they are in, it doesn't mean you are obligated to now turn your life upside-down in order to help her and her family out. Why can't they rent an apartment until your lease is up and then ask you if you were willing to move out. I don't think I'd appreciate this being sprung on me... unless of course by "What would make it worth it to you to break the lease?" she means she will accommodate you in paying for moving costs, etc. and make it worthwhile. But still....yikes. Nothing like a monkey wrench being thrown into the situation.

 

[MzzRach]

I'm rather surprised she asked this of you via email instead of picking up the phone. I agree with the others, the ball is in your court on this. So sorry that you have to deal with this.

 

[Shenanigans]

I don't know how different the laws are between here and there, but the Residential Tenancy Act of BC states that the landlord can give you two month's written notice to end tenancy if the rental unit will be occupied by the landlord or the landlord's spouse or a close family member (regardless of the terms of your lease.)

"A tenant that receives a two-month notice for landlord’s use of property can move out earlier than the date specified on this type of notice, unless the tenancy is for a fixed-term. The tenant must give the landlord at least 10-days written notice and pay the rent up to the move-out date. Where the tenant has already paid a full month’s rent, the landlord must rebate a pro-rated portion of the rent. When a landlord ends a tenancy for “landlord’s use of property”, the landlord must give the tenant the equivalent of one month’s rent on or before the move out date on the notice or the tenant may withhold the last month’s rent."


Oh wait, this might help:

State of COLORADO

[FONT=verdana, arial, helvetica, sans-serif]
NOTICE PERIOD TO TERMINATE TENANCY: - (LPA Lease Clause # 28)
One year or longer tenancy: 3 Months written notice
Tenancy between 6 months and 12 months: 30 days written notice
Tenancy over 1 month, less than 6 months: 10 Days written notice
Tenancy over 1 week but less than 1 month, or a Tenancy at will : 3 days
Tenancy less than 1 week : 1 day written notice.


Your best bet is to double check what your lease says first. =)
[/FONT]

 

[Divinity]

Thanks so much for your responses. I'm just speechless. We have been here barely a month and one of the gals hasn't even moved in yet! I did check the lease and they cannot terminate it. We signed for one year and there are no clauses about termination of the lease as the landlord or as the tenant. Thanks Shenanigans for the info! I think that applies soley to the tenants, thank God!

I've talked to everyone in the house and we are all just thrown for a loop. I totally feel like I've been hit by a bus. None of us feel that she considered us before she posed the question and we all feel she's laying it on a bit thick. Bottom line, we aren't moving. We were hoping to be here for 2 years, but we have it for the 1, which is fine. She totally could have said nothing until the lease was up as 2 of us moved from Chicago, other two from Minnesota. We gave them bank statements showing our savings as we were unemployed when we got here. We paid for movers and spent time and effort packing and sacrificed so much to get here. I'm just shocked.

 

[MACLovin]

Good for you. I'd probably do the same thing, and basically write her an email back (since this seems to be the appropriate means of communication regarding the issue?) saying that you're sorry but you would like to stick to the terms of the lease you signed as you and the other tenants do not have the means or the time to find another place. I mean, what does she expect you to say "Ok, sure! Let me just pack up all my shit right now!" ??

 

[pink_lily002]

WOW that's crazy! I agree with others, stay for at least the length of the lease you've already signed. That gives you and the others living there currently plenty of time to find a new place to live when it comes closer to the lease being up. What was this woman expecting from you, that you would say it wasn't a problem and you could move out ASAP? Odd, but also, she may be stressed out about having to move back so soon and didn't put a whole lot of thought into the situation before sending you that email. No matter what though, stay the length of the lease! I think the only thing that would make me say "Sure, no problem, I'll move" would be if she paid for the moving costs, helped me find a comparable place to live, and paid for my first month's rent lol. But that's just me!

 

[Divinity]

^^
Seriously, that's what everyone in the house says too, lol.

 

[TISH1124]

Let us know what happens.....I hope it works out!

 

[COBI]

The only thing I would suggest considering is that you may want to consider at least looking into other alternative locations to live because even if you insist on staying, it is likely that the situation will become very difficult and uncomfortable for everyone involved since they no longer want tenants in the house and would like to reclaim it for themselves.

Of course, your right is to stay, but think about the longer term impact on mental health for everyone in the house as well to stay in a situation where you are not really welcome. It will probably be worth it to at least look at other situations.

As far as what it is "worth" to you to break the lease, I would be sure to collect *at a minimum* the moving expenses and would even personally at least start negotiations with a month of rent (plus your security deposit) back. Her question about what it is worth to you makes it clear that she understands that the ball is in your court, but it is important for them to attempt to move back into their home.

 

[ratmist]

Quote:

Originally Posted by Divinity Thanks so much for your responses. I'm just speechless. We have been here barely a month and one of the gals hasn't even moved in yet! I did check the lease and they cannot terminate it. We signed for one year and there are no clauses about termination of the lease as the landlord or as the tenant. Thanks Shenanigans for the info! I think that applies soley to the tenants, thank God! I've talked to everyone in the house and we are all just thrown for a loop. I totally feel like I've been hit by a bus. None of us feel that she considered us before she posed the question and we all feel she's laying it on a bit thick. Bottom line, we aren't moving. We were hoping to be here for 2 years, but we have it for the 1, which is fine. She totally could have said nothing until the lease was up as 2 of us moved from Chicago, other two from Minnesota. We gave them bank statements showing our savings as we were unemployed when we got here. We paid for movers and spent time and effort packing and sacrificed so much to get here. I'm just shocked.

Just a month and the landlord wants it back? Even with her circumstances, which are sad, it'd never hold up in court, particularly since you signed a 1 year lease.

If she's willing to give back the full deposit and pay for the total cost of moving to a new place, I'd consider breaking the lease. However, I wouldn't bend over backwards for her. Surely the rent you're paying her could be used for her to find a place for her family to rent.

 

[redambition]

As others have said, the ball is in your court. She has made an offer of trying to work things out the right way (asking you what would make it worth your while).

I think COBI summed it up pretty well - there is a possibility that things could get uncomfortable or awkward. you need to evaluate what you would be happy with and how much effort you'd be willing to expend, and also what you'd expect as compensation if you went ahead.

 

[Divinity]

Wow. So, I spent a good 30 minutes on a long-ass e-mail explaining all of the reasons we are not willing to break the lease: cross country move, time off to house hunt, sacrifices, parental help, savings, planning, blah blah blah. BAM! The hubby, N, responds with this:

Hi Jessica-- It's N. I totally understand your situation. It sounds primarily financial.

What if we were to extend $2,000. You could afford almost two months rent at another similar place and we would also reimburse your deposit if the place is on good shape (which I'm sure it would be)-- that would be another $1295. This may also help with Natasha having to deplete her savings. Also, we can give you until the end of December to move. Please understand that this is a strange situation for us so I apologize for our tenacity. If this doesn't work for you then we will leave the situation as is and move back in at the end of the lease.

Please let me know as soon as you can.

Thank you
N

I again was floored. I just spent all this time explaining every little last reason why we cannot do this, not to mention the fact that Natasha hasn't even moved in yet and comes in two weeks, and he focuses on the money! Cripes. So, we're still not moving. $1295 is our security deposit, our money, so $2000 is really the offer and it's just laughable along with the "giving us" until the end of December to move. Really? So basically I'm supposed to ask my mum and dad to help us move again after Christmas dinner.

I looked into Colorado renters rights and unless we violate the lease or pay late, they have no cause. So, after another ulcer, another night of fuming with the roomies, I sent a one-line e-mail stating that we are not prepared to move at this time AND he responded with "we totally understand your situation and will plan to move back into the house at the end of the lease." Here's hoping I get no more e-mails and that I don't see them parked in an RV down the street.

 

[rbella]

Honestly,
I think they just didn't want to have to deal with the pain in the ass of finding another living situation, which is not your problem. But, it does sound like they are being reasonable. They tried to offer you a feasible offer and if that wasn't acceptable they would be willing to stay within the confines of the lease agreement.

I think it was tasteless, but I don't think they are screwing you over; as long as they continue to stand by their lease agreement.

However, I do understand your frustrations since you've only just moved in. It's all bad timing...JMO. Good luck, I'm sorry you're having to deal with this.

Word of advice, try to limit your email responses, anything in writing can be held against you in court.

 

[M.A.C. head.]

That's a doozie!

I'm not really sure what advice to offer about any sort of deal you might make, but whatever the deal is: DOCUMENT, DOCUMENT, DOCUMENT! Have them sign to whatever agreement you come to. And make OODLES of copies.

Best of luck.

 

[Beauty Mark]

On the off chance they're vengeful, just try to make the place immaculate when you leave. If they do anything remotely shady between now and then, make sure you know who to contact, like the state housing authority or whatever they're called