moving need lease help

[jax archillies]

trying to cut my losses and move out of my house. my ex is holding the lease over my head. but nowher ein the lease does it say i ahve to pay a penalty if i leave before the lease end date... anyone wanna give me some words of advice?

__X__ B. Fixed-Term Lease: This Agreement shall continue as a lease for a fixed term. The termination date shall be on August 1ST, 2010 at 11:59 PM. Upon termination date, Tenant shall vacate the Premises unless one of the following circumstances occur: (i) Landlord and Tenant formally extend this Agreement in writing or create and execute a new, written, and signed agreement; or (ii) Landlord willingly accepts new Rent from Tenant, which does not constitute past due Rent. In the event that Landlord accepts from Tenant new rent, a month-to-month tenancy shall be created. Either party may terminate this month-to-month tenancy by following the procedures specified in paragraph 1A. Rent shall continue at the rate specified in this Agreement, or as otherwise allowed by law. All other terms and conditions as outlined in this Agreement shall remain in full force and effect.

22. ABANDONMENT. If at any time during the term of this Agreement Tenant abandons the Premises or any part thereof, Landlord may, at Landlord's option, obtain possession of the Premises in the manner provided by law, and without becoming liable to Tenant for damages or for any payment of any kind whatever. Landlord may, at Landlord's discretion, as agent for Tenant, relet the Premises, or any part thereof, for the whole or any part thereof, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting, and, at Landlord's option, hold Tenant liable for any difference between the rent that would have been payable under this Agreement during the balance of the unexpired term, if this Agreement had continued in force, and the net rent for such period realized by Landlord by means of such reletting. If Landlord's right of reentry is exercised following abandonment of the Premises by Tenant, then Landlord shall consider any personal property belonging to Tenant and left on the Premises to also have been abandoned, in which case Landlord may dispose of all such personal property in any manner Landlord shall deem proper and Landlord is hereby relieved of all liability for doing so.

[danjmcs]

"at Landlord's option, hold Tenant liable for any difference between the rent that would have been payable under this Agreement during the balance of the unexpired term"

Your the tenant, and are liable for any rent not paid for the term of the agreement, if the Landlord doesn't re-rent the property, is how I read it. So yes, your on the hook for the remainder of the lease if the Landlord doesn't re-rent the property, and if its for a less amount, you have to pay the difference.

Unless I'm reading that wrong... been awhile since I had to deal with one of those thankfully.

[jax archillies]

see, this is why i hate ex's. she wants me out of her life, and now that im doing so, shes gonna screw me for even more money...

[minisaz]

It says right here that you are liable.

at Landlord's option, hold Tenant liable for any difference between the rent that would have been payable under this Agreement during the balance of the unexpired term, if this Agreement had continued in force, and the net rent for such period realized by Landlord by means of such reletting.

But that does not mean that you can not get out of it. If you can come to an agreement with the Landlord. For example, if he/she is able to rent it out immediately, etc...

I had to get out of a lease early one time and we came upon the agreement of forfeiting the deposit. it is something you will have to negotiate.

But i am not a lawyer, just an artist.
you might try here, maybe someone you could call
http://www.housingaz.com[/quote]

[jax archillies]

there was no deposit. we bougth the hosue, shes on the mortgage and title. im not.

i told her id pay for the next 60 days...btu im moving on the 1st. so if she gets someone to replace me, we're good. OR

she can be a woman about it and tear up the lease and say fine, hes out of my life finally! i NEED her to be gone. she already doesnt live in AZ any longer...

...pissesme off

[minisaz]

So...

Your Ex owns the house.
You are leasing it from her.
She wants you out of her life (gosh what did you do.) We'll speculate in the members area)
She lives in another state.

eeehhh not fun

[jax archillies]

yeah. we bought it when we were together. she dumped me for an officer in the navy, shes a SGT in the Army/sgt in the marines when she first dted him 3 years ago (felony anyone?), he dumped her as she was moving to Fallon, NV.

I tol dher i was moving out, she said FINE< youll be gone
now shes being a P.I.T.A.!!!!!!

[jax archillies]

well she just called me and this is what she said.

expect to hear from my lawyer, cause we had a VERBAL agreement that you woudl by the house, and now youre going back on your word.

i also called surprise PD and they said that we can kick daniel out of the house even though he diidnt sign a lease cause you had a verbal agreement

last time i checked, verbal agreements meant squat in any court of law. i coudl be wrong.

i told her that what does it matter if i move out, as long as your mortgage is gettign paid, whats the big deal?

she said

I dont care about my mortgage, its the fact that you are moving out, and going back on your word

i said that i need to move for various reasons, and if you want me out of my life, than im leaving, and you're making it difficult.

so...

...is there anyway to make this thing null and void, or get her off my back? i just want her to go away, so i can get on with my life.....

[jax archillies]

i know there is only one way to break the lease early. if the landlord fails to keep the place a safe habitable environment.

so does the shito-roomate whos sexually stalking the neighbors and attempting to steal from my other roomate equal this? shes said that she wont kick him out and wont let us do so....

[danjmcs]

If she's going to get nasty, sounds like you need to call a lawyer... especially since she has one already.

[Carey934]

While I'm not a lawyer and I don't claim to fully understand this situation, if you did not sign anything, she has no legal recourse.

I wouldn't even worry about a lawyer. Just move out and break contact with her. If she doesn't know where you are, she can't have you served. In most cases, people often threaten law suits, but very few actually follow through with the time consuming and expensive process of actually doing so. I'd call her bluff.

But that's just my opnion...

[carjoy]

Jay, we need to get MY ex with YOUR ex. They are perfect for each other!

[66Cooper]

Verbal agreements in real estate are binding, but hard to prove and the term of any verbal agreement must be for a term not to exceed 1 year. Any term exceeding 1 year it MUST be in writing to be enforceable.

Another phrase or two you might be interested in looking up: constructive eviction or retaliatory action. It sounds like she is trying to force you to break your lease and leave, that is a constructive eviction and illegal. For a landlord to retaliate against you for unrelated issues that will now affect your house is also illegal.

Mitigation of damages, the landlord is obligated to find a new tenant to replace you. You could also send suitable replacement tenants to her that are ready willing and able to take your place and if she refused to take them you could be off the hook for the unpaid lease term.

Ok, you got some free feedback without anybody representing themselves to be an attorney or actually giving or charging for legal advice. We normally only do that for each other in the Members Sections, so don't everybody expect more of this free but valuable advise to show up in public areas of this forum.

[deemotored]

I think certain non members have some nerve taking up so much forum space.
Love ya Jay!

[66Cooper]

While I'm not a lawyer and I don't claim to fully understand this situation, if you did not sign anything, she has no legal recourse.

I wouldn't even worry about a lawyer. Just move out and break contact with her. If she doesn't know where you are, she can't have you served. In most cases, people often threaten law suits, but very few actually follow through with the time consuming and expensive process of actually doing so. I'd call her bluff.

But that's just my opnion...

Careful about this, not sure about Maricopa, but Pima County Courts, and landlord tenant act could allow the landlord to send certified mail as type of service and the last known address could be good enough for this purpose as that is stated many times in the residential landlord tenant act, failure to respond to a claim filed in this manner is not a defense and one could have a judgment entered against them and never know it happened. Service by certified return receipt is considered to occur five days after mailing or when signed for, which ever happens first. I have seen people refuse to sign thinking they had to be served in person and they don't for some civil proceedings. So moving, no forwarding, etc may not help one dodge the bullet, but shooting back may be a better defense.