Is there any way to get out of my lease?

I signed a lease in May for a 2bd student apartment near my future university in Kansas. The apartments are brand new and won’t be completed until August, so the move in date is August 16. Unfortunately we (my partner and I) are unable to go to said university and won’t be moving. The apartment told us the only way to get out of our lease is pay a $500 reletting fee and find our own replacement, but I’m not sure how to go about that. I’ve posted on multiple websites. We’ve made it clear we can’t fulfill the lease. There’s a desertion/material absence clause in the lease.

What are my options?

9 Answers

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  • 7 months ago

    You have already been told what you can do to get out of the lease = pay the required fee or find a new tenant. A lease is legally binding the minute you sign it regardless of when it starts or if you ever move in.

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  • 7 months ago

    Paying up is probably the easiest thing to do.

    Otherwise - advertise locally, and see if you can advertise to incoming uni students, to find someone to take the lease on for you.

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  • Maxi
    Lv 7
    7 months ago

    Read your contract all the information about your options ( if any) are in there

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  • 7 months ago

    sounds so weird for me. my son got accepted to a university in another city but he wanted to get into the one in our city so he had to pass exams and waitt till the result. but he had to take students' apartment in that other city in advance because by the end of august there wouldn't be any left. so first thing i checked was how can i get out of the lease if he ever got accepted into our city. in the contract it stood he will lose 150 euros from the deposit if he cancells 2 weeks before the lease starts. u should really read your contract. that u lose some money seems true to me, but that u should find your replacement? like fck u do. sounds like they re pulling your leg. if the lease hasn't even started yet the only thing u should lose is some money from your deposit, not more.

    my advice to u is to contact a lawyer - will be cheaper than paying rent to them for a year

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  • 7 months ago

    A brand new apartment isn't going to be 100% booked for a long time. They'll wait to rent the apartment they reserved for you because you're legally on the hook.

    I'll bet someone co-signed for you. Guess what. They're on the hook too. They'll end up paying the rent to save their credit.

    You don't get out of a lease by saying, "I can't fulfill the lease." That's not a legal excuse.

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  • 7 months ago

    The ONLY way to get out of your obligations under a lease are IF the lease allows it or the landlord makes an exception (rarely done aside from it being stated in the lease). There is a military out but if you did not go in military, with the landlord knowing that he was renting to military, then that option is not an option for you. Pay the $500 and try and find someone. If you cannot find someone to sublease to, then you are obligated under your lease throughout the term of the lease, and you will have to pay it. If you don't, you may not be able to afford paying now but, in the future you will be able to afford it. In a few years, the relatively small amount will grow to many thousands of dollars, with court costs, penalties, and interest at 10 percent. And, of course, with an eviction on your record, your credit will tank and no other landlord will rent to you.

    Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience.
    • Casey Y
      Lv 7
      7 months agoReport

      Incorrect. Someone could always choose to join the military and then their orders could still dictate a legal cessation of the lease.

      Perhaps that's true in some jurisdiction...but I cannot imagine this holding up in court.

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  • Judy
    Lv 7
    7 months ago

    Uh, bankruptcy is far from free.

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  • Anonymous
    7 months ago

    ROFL...they aren't done...they are new....you are letting them know IN ADVANCE...don't pay. IGNORE them. The worse they can do is try a "small claims court" on you. It isn't a "credit" issue...so they can't do anything that way. If they are new...they will be IN DEMAND...so don't bother yourself in trying to get a new tenant...THEY ARE JUST BEING LAZY.

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    • R P
      Lv 7
      7 months agoReport

      Your horrible advice is a great way for the OP to start his adult life with terrible credit

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  • Anonymous
    7 months ago

    Declare Bankruptcy. Free and clear.

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