Breaking a Lease

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  1. #1

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    Breaking a Lease

    My flatmate and I signed a 16 month lease with a 12 months break clause.We get along well but I have to relocate as soon as possible to the mainland for three months and can't continue to pay the high rent if I'm not living there.
    The lease is in both our names and I don't want to let my friend down about this but have no choice.How much notice is it acceptable to give before leaving so my flatmate can find someone else?What's fair to pay in rent even though I have to go in the next few days?We both paid half the deposit etc.Thanks for any advice

    Last edited by Momo8; 05-11-2007 at 09:28 AM. Reason: spelling

  2. #2

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    Personally, I think this is something that you need to discuss openly with your flatmate.

    Your flatmate may want to be actively involved and have a say on who should take your place in the flat or your flatmate may not care to take an active role and would just prefer to have someone who replaces you.

    I also believe that until you find someone that you should continue paying your share of the agreed on costs.

    Good Luck!


  3. #3

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    Thanks yes definitely that's the plan although what is a reasonable amount of time to continue paying my share as I can't continue to pay indefinitely it's a huge amount each month and I would burn all my savings having to relocate to China and also pay rent in HK.It's quite an expensive apartment.
    She's in her mid forties,lives a quiet life and would not feel comfortable advertising and sharing with a stranger unless a work colleague would be interested,if not I have no idea what to do.
    And she's a friend.Would a months notice be enough really I have no choice in this.


  4. #4

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    Quote Originally Posted by Momo8:
    ...what is a reasonable amount of time to continue paying my share as I can't continue to pay indefinitely it's a huge amount each month and I would burn all my savings having to relocate to China and also pay rent in HK...
    Would a months notice be enough really I have no choice in this.
    Unfortunately, you have a legally binding agreement - the lease.

    So it is your responsibility throughout the duration on the contract. Giving one month notice to your flatmate is not responsible unless sited in the leasing and/or tenancy agreement.

    My understanding of the law is that it is that your flat mate and yourself assume responsibility (unless noted in the lease agreement) for the leased flat as you each have your name/signature on the lease.
    Last edited by Alby; 05-11-2007 at 01:09 PM. Reason: spelling

  5. #5

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    Surely these situations arise where colleagues go into a rental agreement and through unforseen circumstances,a falling out,whatever reason one party has to move out.
    I can advertise and ask around and I don't think I would have a problem finding someone to take over my share of the lease,problem is what if my friend doesn't agree to this.People don't always like to share with strangers.She's pretty cool though so hopefully we can come to an agreement just wondering if she can't find someone say in three months and I want to advertise for someone to take over my share if I can do this.If she doesn't agree would approaching the landlord about it help saying I am moving out and have someone to move in etc.
    Thanks


  6. #6

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    Quote Originally Posted by Momo8:
    ...problem is what if my friend doesn't agree to this.People don't always like to share with strangers.She's pretty cool though so hopefully we can come to an agreement just wondering if she can't find someone say in three months and I want to advertise for someone to take over my share if I can do this.If she doesn't agree would approaching the landlord about it help saying I am moving out and have someone to move in etc.
    Thanks
    The situation as you have outlined is valid...however a key aspect to this entire situation is that you must have your name taken off the lease!!! As long as your name remains on the lease you remain legally responsible.

    If you find someone the replace you on the lease then a new one will need to be drawn-up between your existing flatmate and the new tenant.

  7. #7

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    Thanks a million! I'm sure we can work it out it's just the time factor problem.I'll post the outcome for anyone else who is in this situation.


  8. #8

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    Just one more thing.What happens to my share of the deposit (2 months)? Will this need to be changed over?Will I have to forfeit it?


  9. #9

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    everything is subject to goodwill and negotiation in your case.
    why not get the company to foot the bill of the existing rental ?


  10. #10

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    Just an update on my situation.
    I hung in here for another three months and my flatmate informed me that she found a colleague to move into this place end of March.Hurray!
    This person will move all their stuff in before then as I am not here can I ask the landlord to have the lease changed in both their names (March 1 is when another lot of rent is due).
    I'm going mid March so is it reasonable to suggest I pay 2 weeks rent and the other person pay the rest since they're moving all their stuff in?