I see a lot of responses on here from people who obviously have some knowledge of the law, so I figured it can't hurt to ask - I am trying to break my lease 2 months early because I took a job with another firm and am relocating 1300 miles away. My landlord is being pretty unreasonable about cutting me a break, so I really read the lease, looking for any loopholes. Here's what I found. I'm reading and reading, not finding any holes in the document and noticing (remembering) that everything addressed by the lease is in the landlords favor (there's a surprise, huh?). Then I got to the sixth and final page. The lease he used is copyright protected material to only be used by realtors who are members of a local association of realtors or the NAR. The copyright notice is plain as day at the bottom of the last page of the lease with my, his, my wife's and his wife's signatures less than 2 inches above the notice. There was no realtor involved in his renting the home to us. I have just confirmed with him (without letting him in on my finding) that neither he or (nor?) his wife are realtors. So, the lease is written on a document that is in violation of state, federal, and international copyright laws. Can it really be enforceable in such a situation? I'm thinking he doesn't have a leg to stand on and that I should be able to sue him for every penny I have paid him in rent and a few late fees over the last 20 months or so. Maybe me suing him is just dreaming, but how can a copyright infringing document be enforced? I know most, if not all of you, are not lawyers, and I will consult one tomorrow, but this is one of the most legal saavy group of people on any message board I frequent, so I figured it couldn't hurt to ask...
1st: check the landlord-tennant laws in your state/city. They may provide some options. For example, in Washington St. you can get out of rent payments if you try to find suitable tennants to pick up where you left off. If you can find a suitable tennant, then you don't have to pay the rest of your lease period. If you provide a list of suitable tennants and the landlord doesn't rent it in spite of that list, then too bad for him, not you. But this varies from state to state so what works in Washington, may not work where you live, and you have to follow the correct procedure for your state. Note: you probably won't get your deposit back. 2nd: If the lease was copyrighted by any one but you, it's not your problem (i.e. you have no standing). IF the MLRS wants to sue for copyright infringement, that's their problem, not yours. 3rd: The best idea would be to consult a lawyer who is familar with this sort of law. Don't expect any miracles or secret, loophole lawyer tricks or any big victories in court. Just expect to be told what your options are and how to go about exercising them. Good luck with your lease and your new job!
As I said, the suing for rents paid would be probably be a dream situation. But I'm thinking I should at least be able to not pay April's rent, move out without paying to have the gutters or chimney professionally cleaned, without paying an exterminator and paying to have the carpets cleaned, etc. And there should be nothing he can do about it. How can an illegal document be enforced? And, as I said, I will be consulting a lawyer tomorrow, but this loophole has me really excited about screwing this guy over...he's been a di** the entire term of the lease...
Does the lease state what the penalties are for breaking it? How long is this lease for? You state "20 months" for rental history, how long does the lease stand for? Generally, they are 12 month leases, and after that period (unless explicitly renewed) you become a "Tenant At Will".
The original lease was 12 months. The renewal was for 10 months, of which 3 are remaining, counting April. I'm trying to break as of April 21.
In order to have a cause of action, you need legal standing. You have no legal standing in any copyright violation case against your landlord. Only those holding the copyright do, which means it has no bearing on your situation. For you to have a legal standing in this type of situation, the promise or duty OF the contract would need to include an illegal activity. It doesn't. As for the lease, we must assume that it is an express contract referred to as "tenancy by years" or a "fixed term tenancy" (e.g., covers a specifically stated period of time). In all but a few cases (e.g., involving senior citizens or those incapable of independent living), your obligation can not be terminated without express agreement of the landlord (mutual recission, substituted agreement, novation (e.g., sublease), etc.). If you've only got 2 months left on the least, you're going to spend more time and money trying to fight it (without legal standing) that you will to just pay out the lease. Unless, like bizwiz41 stated, you are a holdover on your original fixed-term lease -- a "tenant at will" (e.g., month-to-month).
Now you know why landlords like leases ... On the plus side for them, it guarantees that the unit is rented. On the negative side for them, they can't raise your rent (other than, with notice, certain amounts relative to property tax increases, federal/state law changes, and utilities). On the plus side for YOU, your rent is guaranteed to be stable. On the negative side for you ... well ... you're finding that out RIGHT NOW ...
