moving need lease help

[jax archillies]

ok, that all makes sence. however.

I am the one trying to leave early. my lease is until 8/2010. the verbal agreement is to try and buy the house, which i just did, and couldnt.

i am moving due to distance from work, and moving in with a significant other.

ALSO...in a recent email she stated that :

yes, your move out date is may 31st

so does that make the previous lease agreement null and void, since that is a NEW written contract.

[66Cooper]

Hard to say given the written lease was for a longer term, it would almost appear that she is "releasing" you from the lease with that written acknowledgment, but the content of previous emails from both you and her would play into the interpretation of that short statement.

[jax archillies]

here are the two emails...

well im moving out by 4/1.

I can stand on my own two feet. ive been doing so since the winter. ive got a lot going on with work, the car, charity stuff with the garrison and most importantly, band stuff trying to get shows and touring and such, so im rarely home as it is...

I hope you have fun in school, and I'm sorry we couldn't stay friends.

and from her

No, your move out date will be May 31st. May 3rd is 60 days from today and you'd owe May's rent or atlease prorate for those 3 days. As states in your lease you are locked in until August 1, 2010 without the option of moving out early. You know I'm in school and won't be able to make it out until May. So, May 31st is the date you will move out.

also wondering about the abandonment clause thats in there. can i just up and leave, and replace myself withsomeone?

[jax archillies]

i just got two emails in a row from her....quoting rules

isnt this harrassment?

the one I bolded appears to apply to my situation.

[quote]

[66Cooper]

Those quotes are not from the Arizona Residential Landlord Tenant Act, is the property in Arizona? If so AZ Law governs. Research the Secretary of State Website and read the AZ Residential Landlord Tenant Act if it applies to this property, then find your own loopholes.

I would say she "almost" let you off the hook with telling you when your move out date is and quoting that you would be on the hook for prorated days or the month.....so you might be better off with her interpretation and if you can get her to agree that you pay through May 31st, perhaps there is a maximum penalty of sixty days rent for breaking the lease.

Abandonment of the property can mean that any personal property left behind has to be stored, or disposed of, charges to the tenant for removal and storage, then sold and applied to those charges and then to owed rent. All this is very brief explanation of AZ laws, assuming that is where the property is located. Read the whole thing and you will get a better understanding of what is required of you the tenant to mitigate the damages as well as the landlords duties.

[jax archillies]

i did read that. i coudlnt find those quotes on there.

when i move out, ill be takign everythign,a dn leaving nothign behind.

i was advizsed by a buddy of mine whos a assist. DA here in Town not to talk with her any further, just thru regualr mail.

basiaclly casue shes being a PITA, im gonna move out like i planned, leave a note signed statign that i abondedn the property, and ive been posting ads looking for a replacement.

shes in cali, this property is in surprise.

[jax archillies]

i found this in my actual copy of the lease. i dotn have itscanned so here it is word for word.

did she totally screw herself?

.............This agreement shall be terminated if the tenant JASON ZARECKI fails to pay rent and/or any other bills associated with unit 1076.

so, does this mean i'm off the hook?

[66Cooper]

That type of clause means that you are in breach, and then whatever penalties are in place shall prevail for your breach of the contract. What it means is that you would loose the rights under the contract to maintain possession of the property because of your failure to pay.

On a lease it is generally understood that the tenant is liable for rents for a specific period. That can be the term of the lease or a pre-agreed upon duration. I would say she can still hold you to the financial obligation portion of the agreement.

Your best bet is to make sure that the place gets rented as soon as possible, she can not collect double rents. Once the place is rented then you are off the hook for sure.

[jax archillies]

understand.

i wont be there anyway.

however. the "termination" type clause she wrote in there doesnt automatcicly "get me off the hook" incase the place insnt rented right way?

[66Cooper]

The only sure fire way to get off the hook is to complete your lease or she re-rents the unit.

Legally she can't rent it twice, and you are obligated for the term unless she re-rents. No matter what clauses are in the lease, those two are covered by statute.

[jax archillies]

i saw somethign on the AZ state site that stated all landlords must declare to the county that their property is being used as a rental property. if they dont they can be fined daily and the leases nullified.

also she wants to have a meeting tomorrow. she loves to pick fights. is there a way i can approach thios meeting in a civil manner (i dont like fighting, its one of the reasons we broke up) and if she yells or threatens me, does that work for me?

[Sanbient]

Take a tape recorder to document whatever she says. That's always a safe route when dealing with an ex.

[jax archillies]

however, tape recordings arent admissible as evidence. nto that she can afford to take me to court. some lawyers i know are basicly telling me to tell her to bugger off.

[Nicole and Eric]

in Arizona the recording of conversations is allowed in court as long as one of the persons in the conversation is aware that it is being recorded!

[Sanbient]

Are you sure? I believe AZ is one of those states that allows them. Like if a child is being molested, a taped conversation can be admitted. There are some states that require all parties be aware of the taping, if that's the case in AZ, just put it on the table. Regardless of its admissability, I think it'd be wise to document the meeting in some form. It also might provide an incentive for her not to start screaming and yelling.