Daughter wants to know if something is correct

marti8aJuly 22, 2010

She said someone at work told her that an apartment lease can be broken if you buy a house. She lives in Missouri, btw, but said they told her it was a national law.

I told her I doubt it, but I know where to ask.

She signed a 6 month lease in April and closed on her house this past week - has had no luck getting anyone to take over the lease even though she posted on craigslist & offered to pay first month rent for anyone who was approved as tenant by the apartment office.

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I am not a lawyer, but I strongly doubt that there is any national law regarding breaking a lease.

Some states do have regulations that allow tenants to break leases under certain circumstances. You'd have to google her state's landlord/tenant laws.

As for getting someone to take over the lease, if it was for 6 months and it started on April 1, there are really only two months left on the lease. Unless there is some assurance from the apartment office that the lease could be renewed past the two months, she isn't going to get many takers. Is she making it clear in her ad that the landlord will write a lease for 12 months (if that's the case?). Only a very small number of people are going to want a lease for two months.

However, she should check to see if her state has any regulations about the landlord having to do "due diligence" to get her unit rented. In other words, does the landlord have an obligation to try to rent the unit, and not just wait until her lease runs out? Many states do have such regulation.

    Bookmark   July 22, 2010 at 7:43PM
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I was wrong, the lease started in May, near the end of the month. She said it's not up until November. I'll see if I can find anything about the due diligence in her state. Thanks.

    Bookmark   July 23, 2010 at 1:20AM
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I'm not an atty but am a LL. There is no national law such as the one you mentioned that I know of either, and have doubts about the existence of one. Here are google results of "Missouri Landlord Tenant law". See 1st and 4th hits especially.

    Bookmark   July 23, 2010 at 6:13AM
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Thanks moonshadow, I'll pass this on to her also.

    Bookmark   July 23, 2010 at 12:41PM
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You're welcome. :-)

    Bookmark   July 23, 2010 at 8:44PM
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There is no such thing a s a "national law" regarding lease termination or anything regarding leases whatsoever.

I know of no such state that makes exclusions for "buying a house". That doesn't even make any sense.

The best she can do is contact the LL and hope it is rented soon.

    Bookmark   July 25, 2010 at 4:28AM
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