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If you find
yourself needing to move out before the term of lease
expires, you may want to visit with an Adult, Graduate & Off Campus Student
Services staff member to learn of the potential
consequences. Although your reasons may seem valid to
you, moving out before your lease expires is a breach of
contract and the property owner may be entitled to
damages.
It is incorrect
to think that you are only liable for the amount of your
security deposit if you break the lease. According to the
terms of the lease, you can be sued for the rent you owe
on the remainder of the months on the lease. If you are unable to pay your debt after
the suit, a judgment may be filed against you which lasts
10 years and is renewable for another 10 years. This
means that certain personal property you acquire during
this period can be used for payment of the damages. A judgment on your record can prevent you from obtaining
loans and other credit. Many apartment managers and
property owners report residents who break their leases
to the local Credit Bureau. This could have an impact on
your future ability to obtain credit.
If it is necessary for you to
move, there are several things you can try to do to
lessen the damage of breaking your lease. The ways of
reducing your risk are:
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Negotiate |
Sublease |
Re-Lease |
Negotiate:
It may be
possible to negotiate with the property owner to allow
you to terminate the lease. If you or your property owner
reach an agreement, make sure that the agreement is in
writing and signed by both parties.
A sublease is an agreement in which you rent your apartment to another person
with the property owner’s permission. Before you consider this alternative, be
sure to ask your manager if subleasing is allowed. If subleasing is allowed, you
become a sub-manager. You will still be held responsible for the apartment,
including damages and rent. You are not entitled to receive your security
deposit back until your lease term ends.
Re-lease:
In a re-lease you
are responsible for finding a person who is willing to
lease the apartment. An agreement is made by all parties
which states you are no longer liable for the apartment.
A new lease is created between the new resident and the
property owner which terminates your lease. If you find a
replacement, then you are entitled to your security
deposit, less damages and costs, returned within 30 days
after moving out. You must leave a written forwarding
address to receive your deposit back.
Check your lease for your defined move out notice period. Average
times include 90, 60, and 30 day notices. In accordance with your lease
move out notice period, notify your manager in writing of your
intentions, even if it is when your lease expires. Adult, Graduate & Off
Campus Student Services has an examples of a "Notice
of Intent to Vacate" letter available for this purpose. You
can also request these notices from your apartment management, or you
can draft the notice yourself. It is a good idea to get the owner's
acknowledgment of this notification in writing for your
own records.
When you are ready to move out,
make an appointment with your manager to jointly inspect
the apartment and compare the condition of the unit with
the Move-In Inventory report you completed at the beginning of your
lease term. If you are unable to inspect the apartment
with your manager, have several impartial witnesses note
the apartment condition in case a discrepancy exists in
the manager's deductions. If you feel there may be a
discrepancy, you may want to take photographs or make a
video tape to prove the apartment's condition.
Be sure to complete a change of address for the Post Office and for
TAMU. You may change your address with the University at the Office of
Records on on the Student
Information System.
The information and forms offered by Adult, Graduate & Off Campus Student Services at Texas A&M
University are for the mutual benefit of off campus students and local property
owners. The University assumes no responsibility for situations arising from the
use of the provided forms.
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