We are currently renting an apartment. We are breaking the lease, I went to the leasing office...?

The new manager didn't have record of my 60 day notice, which I gave to the old mangement. He is saying I need to give a new 60 day notice, which I can't because he close on our new house tomorrow. He wouldn't give me any information on how much it would be to get out of the lease. I asked for a copy of the agreement, and noticed that my husband (who is on the lease) never signed the document. I did but he never did. Does this make it a legal document. Is are lease still valid?? What kind of legal action can I take. I can't start a 60 day notice today. I need it to be up when I gave the first 60 day notice.

Just a update. I did have a copy of the 60 day notice, that I hand delivered to the office. However, the complex is under new management, old management never placed a copy in my file, and they wouldn't take my copy. So that did me no good. I am looking to buy because our family is soon expanding, and there isn't enough room in this apartment. After a few phone calls, they have decieded to let me out of lease. (They know I was right) I did everything I was suppose to do, in order to break my lease. I should not be held responsible for someone else's error.

Did you keep a copy of the 60 day notice you provided your landlord? Did you send it certified mail return receipt requested so you could see when they received it?? If not then I'm afraid you're screwed. I'd give them another 60 day notice and back date it from the day you sent the original and tell them this is a copy of the one you sent them. Of course they'll fight you on this I'm sure. When is your lease up? If it's up in 30 days then pay the one month and end it, or be liable for the 60 days. Nothing is stating you have to remain in the apartment, but you will still be responsible for what's owed on the lease or they will and can come after you, they'll attempt to collect the money and send you letters when that doesn't work they will then turn you over to collections who will harrass you for the money, if that fails they will file a judgment against your credit, hopefully that will happen AFTER you've closed on the house. Most apartment complexes will not take you to court unless they are filing eviction, they will turn you over to collections.

And yes, since you signed the lease it is still valid.

You should probably just leave the keys with the manager and stop paying the rent. You will lose your security deposit but there is really no other recourse the apartment complex can take.... you are not using their apartment any longer. What can they do? (Yes they can sue you but they will lose... you are NOT in possession of their property. No jury (and you would, of course, demand a jury of your peers) is going to pin this on you.) Just walk away and don't lose sleep over it. In the big picture it is irrelevant. Be happy you will be in a house and no longer in that apartment.


This exact thing happened to me once when I was young. My lawyer from the house closing sent the apartment complex a nasty letter. They let me out of the lease and refunded my deposit a few weeks later. I would have been okay with losing the deposit. They lawyer charged me like $125 for the letter and a few phone calls.

In most states the lease is still valid. In CA it is, OR and Arizona too.

You will be the defendant in the law suit, you can not sue the landlord for your wrong doing.

How this is treated will be up to the judge, but you not having a signed copy I would assume he will favor the landlord. Too many people lie about giving notice that never do.

I wouldnt suggest doing what the 1st guy said. they'll just charge for the rest of your lease. The only thing you can really dois either try to contact the old management or get a lawyer. If you threatenthem with a lawsuit then they will most likey back off. you can also find somebody to take over the remainder of the lease but they would have to qualify. the only good thing that him not signing the lease does is make you soley responsible for the debt

First off..you should have give the notice...via certified mail...just to protect your ****. Anyhow....if you alone signed the lease...and not your husband...then you alone are responsible for it's terms...it does not make the lease void in anyway. Be prepared to pay till your lease expires.

Obviously, you have YOUR copy of the 60 day notice so you are covered, but you will br liable for all the fees stated in the lease. If your name is on the lease it is valid, though you are the only one responsible.

The information on ending the lease should be contained in one of its clauses. I would send them a xerox of the original dated 60 day notice and move out. Be prepared for small claims court as they may sue you.

This will probably not be a popular answer but here goes...You state you are breaking the lease. You can either be responsible for the duration of the lease or pay until the apartment is re-rented. It makes no difference whether your husband never signed...you did and it will hold up in court.
Your 60 day notice to vacate is only valid if given within 60 days of the lease expiration. Just because you give a notice does not get you off the hook if the lease is still in effect.
You are and should be held accountable to a lease the you signed. Why would you even start looking to buy and home if you are still tied to a lease. Too many people try to justify their actions by placing blame with the apartment complex when you know you are clearly in the wrong here. All that is worth anything in this life is your word......you gave your word when you signed the lease....pay up and do the right thing.