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Due to personal reasons, I am seeking employment in a different state. I haven't yet found a job - in fact I only just started my search - but I know that I will want to move, and I will want to be able to move as soon as I can once I have a job.

The problem is - I don't know when that will happen, and my lease will be up at the end of March (just 2 short months). My landlord will want to know if I'm renewing by the end of next month, and I don't know what to tell him.

My landlord is a fairly reasonable person - he has done plenty of work for the apartment when needed and we've done our best to be good to him in turn - though recently we did have an issue with breaking a window, he has fixed it for us in a timely manner, and we want to be fair to him in our plans to move out.

How can I reach an agreement with my landlord regarding a potential move out of state in the middle of a lease agreement?

Zibbobz
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7 Answers7

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Inquire with the landlord about switching to a month-to-month lease, meaning you wouldn't have to renew for an entire year. It's been a while since I was a renter but I recall most apartment leases I've had in my life being for a one-year term for the first year, then month to month after that. You say you're a good tenant and he's a reasonable landlord, he may be willing to change the lease terms. It may also be a good idea to tell him why you're asking for the change, he may be sympathetic.

You'll need to check the laws in your state, and your lease as well, but leases can also be broken by the tenant. If the landlord is at fault, for example if the unit is uninhabitable for some reason, there's usually no penalty. In this case, there would most likely be an early termination fee: in my experience it's usually one or two months' rent. It can be the remainder of the original lease period. Your lease will probably list the fee, but also check your local laws to see if the state imposes any limits on what landlords can charge for an early termination fee. In Pennsylvania, I've terminated two apartment leases early, once the fee was an extra month's rent, the other time there was no fee because we gave the landlord plenty of notice, had a good relationship, and they easily found a new tenant to take our place.

Dan C
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Read your lease. It may already have a provision that it switches to month to month automatically after the lease term expires. I've had a few leases like that in the (distant) past. If that's the case, then you don't really have to do anything.

Mohair
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I was in a similar situation a couple of years ago, I was working abroad and didn't know when I would have to leave the country.

My landlord made me sign a one-year lease and agreed that I could transfer the lease to a new tenant for the remainder of the lease. This is called a sublease. His only condition was that the new tenant would be approved by the roommates. The caveat to subleasing is that you are responsible for the new tenant paying his rent, so make sure that he/she has a stable job.

jgadoury
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My advice would be to ask about switching to a month-to-month. Be prepared for a significant difference in the cost per month. In a recent lease the switch to month-to-month after the initial lease period resulted in a 15% higher rent amount compared with the 12 month extension rate.

If you know that you will be in the place less than the break even point, it can make sense to switch to month-to-month. But over the long term month-to-month can be more expensive.

mhoran_psprep
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As others have mentioned, a month-to-month agreement is the typical and likely solution. Another option may be to get a normal lease but with a provision for early termination.

When I was looking to buy a house years ago I was in a similar situation where my lease would be up in a couple months but I couldn't guarantee finding and closing on a home in that short of time frame. When I asked the management company about it the offered to have me sign a normal year lease but attached an addendum stipulating that I could terminate the lease early without penalty on the condition that a new home was purchased. I just needed to show them proof of ownership after closing.

JoeTaxpayer
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kicken
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I don't know your landlord, but most places allow you to sign 1-month, 2-month, 3-month, 6-month, etc. leases, but the shorter the lease, the higher the rent. Also, check the lease break penalty in your contract, if it's 1 month's rent(very common), it may be worthwhile to just eat the hit, if the new job pays better.

Eugene
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Certainly the landlord has every incentive to want to pin you down for another 1 year's commitment, but that is not required. Almost any US lease falls over to a "month to month" lease at the end of the term. I know you're concerned about the rent going up significantly if you do, but every rental I've ever had, the month-to-month rate remains the same as last year's lease (unless they affirmatively raise it).

I gather you've been renting for several years, re-signing a 1 year lease every year. The landlord is unlikely to have a problem with breaking a lease near the end of the lease; after all, the lease has served its purpose by assuring that you aren't a short term tenant. Since you have a convivial relationship with the landlord, the landlord is likely to let you out of it without a hassle.

Given your plans, signing another 1-year lease would be madness. You are committing to guarantee the rent for the next year on the unit. Landlords have a duty to mitigate your losses, i.e. find another tenant, and whatever the other tenant pays reduces your obligation by that much (hopefully 100%) -- but if the new tenant is slow to find or doesn't work out, the landlord's losses are on you. Functionally, you are committing to pay rent for a whole 'nother year. Don't do that unless you can really afford that.

I get the power of habit, and it's been your habit to sign new leases every year. Stop.

I hear you're worried about a month-to-month tenancy being significantly more expensive. You need to check your state's rental laws; but that sounds very unusual. On the other hand, it would not surprise me for a landlord to offer a lease with different monthly rates, including a month-to-month lease (a contradiction of terms) at unreasonable prices; the purpose being to goad you into signing another year lease, or get you to sign away your rights under state or local law. If you're under rent control and the landlord gets you to consent to an otherwise illegal rent increase, then you lost your rights. But if you can't escape that clause, breaking a lease is likely to cost you at least 1 month's and probably 2-3 month's rent, and possibly the full twelve... so consider that in perspective and balance your risk accordingly.

Harper - Reinstate Monica
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