QUESTION

I need to break my apartment lease because i bought a home. How do i do this without it going to collections?

Asked on Feb 18th, 2013 on Landlord and Tenant Law - Utah
More details to this question:
In my lease there is an option for buy out but no amount written. The apartment complex is telling me that someone else needs to take over my lease. The requirements are a 650 credit score. And they say it costs $200 per person to be removed from the lease and $25 to make an addition. I have looked at my lease and there is not one word of this. Can anyone help me?
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1 ANSWER

Civil Litigation Attorney serving Salt Lake City, UT at Kesselring Law, PLLC
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In general, a landlord is required to take reasonable steps to re-let an apartment after the tenant breaks her lease.  This is called mitigation of damages.  Often, it makes sense for the tenant to cooperate in finding a new tenant to minimize the amount that she is liable for.  The landlord can pursue the tenant for rent up to the point of finding a new tenant, as long as their efforts to re-let the apartment were reasonable.  Whether requiring a 650 credit score is reasonable is an open question.  I would think that the requirement severely restricts the pool of potential tenants, and whether that is appropriate probably depends on the complex. As for the costs they are citing for "removing" someone from the lease,  that would absolutely be governed by the terms of the lease.  Those terms may include terms from other documents that you were given at the same time, depending on whether the contract restricted additional terms.  If the $200 per person fee is nowhere to be found, then I would view the statement as an offer to terminate the lease in exchange for the payment.  In that case, you need to consider whether it would be more favorable than your potential exposure for future rent. It may be helpful to have someone look at your paperwork.  If you are in the Salt Lake City area, there are a couple of different free legal clinics for people whose income qualifies them for assistance.  The "Tuesday Night Bar" is by appointment only.  Call (801) 297-7037.  The "Street Law" clinic is on a walk in basis at 1234 Main Street every Tuesday at 5pm.  Good luck.  
Answered on Feb 19th, 2013 at 11:56 AM

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