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Breaking a lease early in Idaho for Job Relocation


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#1 hayssm

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Posted 22 August 2013 - 12:33 PM

I've tried to do some research and find the answer to what happens if I break my lease due to job change but I can't find anything definitive.  In the Landlord Tenant Guidelines it states:

http://www.ag.idaho....dlordTenant.pdf

 

page: 22

  CHANGING THE LEASE:

  If the tenant breaks the lease unlawfully, the tenant could be forced to pay the landlord for the lost rent and for the costs of re-renting the property. The landlord must re-rent the property as soon as possible at a reasonable price to limit any 

monetary losses
 
page 26:
  MOVING OUT:
  If a tenant fails to give proper notice and terminates the lease early, the landlord may use the tenant’s security deposit to cover the landlord’s actual expenses in re-renting the 
property.
 
page 40:
  THE MOBILE HOME PARK LANDLORD-TENANT ACT OF 1980:
  A tenant who must relocate because of a job change may terminate the lease early by giving 30 days written notice. If the tenant is with the armed 
forces and is reassigned, the tenant may give the landlord less than 30 days notice and not incur a penalty for doing so.
 
I notice the last one says Mobile Home Park, does this mean that Mobile Home Park renters have more rights or does the act apply to non mobile home renters as well?


#2 pg1067

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Posted 22 August 2013 - 12:59 PM

While I didn't find the specific statute to which the booklet you quoted was referring, assuming that is correct, the Idaho legislature apparently and for whatever reason saw fit to give tenants in mobile home parks the right to terminate their leases early because of a job change (you can review the relevant body of law here:  http://www.legislatu...e55/T55CH20.htm).  Of course, if you're not a tenant in a mobile home park, that law is not relevant to you.



#3 hayssm

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Posted 22 August 2013 - 01:35 PM

While I didn't find the specific statute to which the booklet you quoted was referring, assuming that is correct, the Idaho legislature apparently and for whatever reason saw fit to give tenants in mobile home parks the right to terminate their leases early because of a job change (you can review the relevant body of law here:  http://www.legislatu...e55/T55CH20.htm).  Of course, if you're a tenant in a mobile home park, that law is not relevant to you.

 

Yes I saw this but I don't live in a manufactured home.  I couldn't find anything for non-manufactured tenants.



#4 hayssm

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Posted 22 August 2013 - 01:45 PM

While I didn't find the specific statute to which the booklet you quoted was referring, assuming that is correct, the Idaho legislature apparently and for whatever reason saw fit to give tenants in mobile home parks the right to terminate their leases early because of a job change (you can review the relevant body of law here:  http://www.legislatu...e55/T55CH20.htm).  Of course, if you're a tenant in a mobile home park, that law is not relevant to you.

 

After further search I found this: http://www.legislatu...2SECT55-208.htm

if I understand that correctly the lease can be terminated any time given proper notice.  That doesn't seem to fit with what the Landlord Tenant pdf said though.  I must be missing something.



#5 adjusterjack

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Posted 22 August 2013 - 02:25 PM

After further search I found this: http://www.legislatu...2SECT55-208.htm

if I understand that correctly the lease can be terminated any time given proper notice.  That doesn't seem to fit with what the Landlord Tenant pdf said though.  I must be missing something.

 

What you're missing is that section refers to "tenancy at will" which is a tenancy without a written lease, also known as month to month. It appears that you have a written lease of some remaining duration so the bottom line is that you don't get to break it to relocate for a job. At least not without the potential consequences of loss of your deposit and possible lawsuit for unpaid rent until the landlord re-rents.

 

You can quit doing your legal research because you aren't going to find any defense for breaking a lease to relocate for a job.

 

Your options:

 

1 - Offer to buy your way out of the lease.

 

2 - Or just leave and take whatever consequences might befall you.

 

You can either pay now without court, judgment, trashed credit, wage garnishment, etc or you can pay later after court, judgment, trashed credit, wage garnishment, etc.


Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#6 pg1067

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Posted 22 August 2013 - 03:25 PM



After further search I found this: http://www.legislatu...2SECT55-208.htm

if I understand that correctly the lease can be terminated any time given proper notice.  That doesn't seem to fit with what the Landlord Tenant pdf said though.  I must be missing something.

 

The key term in the statute to which you provided a link is "tenancy at will."  The statute says that "[a] tenancy or other estate at will . . . may be terminated . . . [b]y the tenant giving notice in writing to the landlord that the tenant will be vacating the premises, on a date as specified in the notice, but not less than one (1) month from the date of notice."

 

As you must have observed, the word "lease" appears nowhere in that statute.  Therefore, your apparent understanding that this statute allows for early termination of "the lease" is more than a little puzzling.

 

In a nutshell, there are two basic tenancies when it comes to residential real property.  You either have a "long term" lease (e.g., a one year lease that runs from September 1, 2012 until August 31, 2013) or you have a "month-to-month" tenancy.  Under the former, both the landlord and tenant are bound to the terms of the lease (unless they mutually agree otherwise).  Under the latter, either the landlord or the tenant can terminate the tenancy by giving notice.  How much notice varies from state to state.  One month (or 30 days) is the most common; I know of one state that allows for less than a months; I also know one state that requires 60 days if the tenant has lived in the residence more than a year.

 

If you have a "long term" lease and want out early (whatever the reason), then you need to try and work something out with your landlord (which could involve a buyout or bringing in a substitute tenant), find a sub-tenant, or just leave and risk getting sued and having your credit harmed.



#7 M.Corleone

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Posted 22 August 2013 - 03:45 PM

If the job is really worth it, just pay the remaining months, get everything in writing, and receipt of the payment, and move forward.  That way, you avoid problems later.  Second, try what 'pg1067' states, find a sub-tenant that you can rely upon to pay the remaining months to live in the space, while you take the other job.  Also, make sure you and the 'sub-tenant' have a written agreement that he/she will pay the remainder of the rent while they are living there.



#8 hayssm

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Posted 23 August 2013 - 06:26 AM



 

The key term in the statute to which you provided a link is "tenancy at will."  The statute says that "[a] tenancy or other estate at will . . . may be terminated . . . [b]y the tenant giving notice in writing to the landlord that the tenant will be vacating the premises, on a date as specified in the notice, but not less than one (1) month from the date of notice."

 

As you must have observed, the word "lease" appears nowhere in that statute.  Therefore, your apparent understanding that this statute allows for early termination of "the lease" is more than a little puzzling.

 

In a nutshell, there are two basic tenancies when it comes to residential real property.  You either have a "long term" lease (e.g., a one year lease that runs from September 1, 2012 until August 31, 2013) or you have a "month-to-month" tenancy.  Under the former, both the landlord and tenant are bound to the terms of the lease (unless they mutually agree otherwise).  Under the latter, either the landlord or the tenant can terminate the tenancy by giving notice.  How much notice varies from state to state.  One month (or 30 days) is the most common; I know of one state that allows for less than a months; I also know one state that requires 60 days if the tenant has lived in the residence more than a year.

 

If you have a "long term" lease and want out early (whatever the reason), then you need to try and work something out with your landlord (which could involve a buyout or bringing in a substitute tenant), find a sub-tenant, or just leave and risk getting sued and having your credit harmed.

 

Got it.  Thanks for the clarification.



#9 Fallen

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Posted 23 August 2013 - 07:08 AM

Your lease makes it somewhat clear you're on the hook for lost rent due to breaking the lease/moving out early.  The landlord's obligated to re-rent as soon as possible.  How long the vacancy will naturally depend on the place itself and the local rental market; you can help the process along by placing ads in the paper and documenting referral of qualified people to your landlord.

Corleone's advice, unless your lease is within a couple of months of expiring, is not adequate (I'm seeing a pattern here, Corleone).  Naturally, you don't want to pay out many months' worth of a lease but instead worry about how long it may take landlord to re-rent, whether s/he will pay an agent to re-rent (that means a commission based on length of new lease/tenant, which I'd insist be prorated to account for the fact that you only had X remaining on your lease ), etc.


I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#10 Guest_FindLaw_Amir_*

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Posted 23 August 2013 - 08:47 AM

What does your lease agreement state about early termination?






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