Breaking a Lease

Updated on July 26, 2012
J.K. asks from Phoenix, AZ
9 answers

We signed a 36 month lease on our house but we're moving out with 15 months left on our lease. The property manager said they will lease out our house and to turn in our keys. We cleaned the house, moved all of our stuff, and turned in our keys and the garage door openers etc. We are still going to the house once a week to water all of the plants ( we have to manually turn the sprinkler system on since there is no power to the house). When we went this week, the hose to the sprinkler system was cut along with the water and there was a major water leak so now we're watering with a hose and also the lock box was gone. We called the management company to let them know about the damage/water leak (which seemed intentional or careless on someone's part but it wasn't us who broke it and it wasn't broken the last time we were there) and to ask them if the lock box is gone because they found a tenant. They said they are no longer managing the property and that the owner found a tenant but they can't get in touch with the owner to find out move in dates etc. We're suppose to be paying rent August 1st to this management company who apparently no longer manages the house but they said in the mean time, they are still taking care of things for us. In some ways, that makes sense, but on the other hand, with them not being able to get in touch with the owner, we're reluctant to keep paying them directly. What would you do? Talk to the owner? Is that public records? Thank you for your time.

What can I do next?

  • Add yourAnswer own comment
  • Ask your own question Add Question
  • Join the Mamapedia community Mamapedia
  • as inappropriate
  • this with your friends

Featured Answers

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

G.B.

answers from Oklahoma City on

You are no longer living there but assuming responsibility for anything that happens?

Move on. They don't even manage the property anymore. They may not even send the money to them.

I would put the money aside and IF I got a letter from someone saying the money was owed then I would send it to them. Otherwise, it's in the past. Move on and don't go back to that property again.

1 mom found this helpful

More Answers

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

K.B.

answers from San Francisco on

Very confusing and shady. I wouldn't pay anyone at this point, personally. I would think once the management company said they'd find another tenant, you should have been released from your lease. If you were still on the hook for the rent, they probably would have said you needed to either find a sub-renter or pay the rent until they were able to find one on their own. But now they are not handling it at all, so I would not send them money. And if the owners have not gotten in touch with you themselves, then I would assume they are covered.

3 moms found this helpful

J.W.

answers from St. Louis on

Whether it is public record depends on whether you pay real property tax where you live. If you do you should be able to go on your muni website and look up the owner by address.

Did you sign a lease through the management company? I would look over your lease and try to figure out what your responsibilities are.

1 mom found this helpful
Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

J.F.

answers from Bloomington on

So you've been told there may be a new tenant and the management company is not longer managing the property? I would NOT make a payment to them. I would either wait for the owner to contact me to make a payment if one is necessary or try to contact the owner. If able to contact the owner, I wouldn't offer a payment righ away. I would ask all the questions necessary to find out what is going on.

I would be afraid you would make a payment to the management company. They would take out their fees, pay the owner, and then you have to wait for the owner to refund you the entire amount. That sounds like a lot of hassle and time to tie up YOUR money when you probably don't owe anything. I would wait and see. They won't send you to collections or anything unless you are over 30 days late or more. I would use that time to find out what is going on. I would also check the property and take pictures of people moving in, if you feel it is necessary to protect yourself.

Good luck.

1 mom found this helpful

G.M.

answers from Phoenix on

Document your findings, and take pictures. You probably haven't done a walk through yet with the former management company right? Document about the sprinkler and hose and the water leak and lock box. Document also, what the management company told you and get a letter from them stating what they said in reference to not managing the property any longer and at what date they 'stopped' managing it. Also document when you are going over there to continue the care of the property, what you are doing while you are there, and how everything looks when you leave. Take pictures. Just so that nothing can come back on you. Good luck. And NO don't pay the former property management company. If you have the owner's info, call the owner, or request that information from the management company.

1 mom found this helpful

T.M.

answers from Redding on

Is your lease with the management company? Yet, they've told you that they are not managing that property anymore? Why would you pay the rent, it makes no sense at all whatsoever.
I'd get something in writing though, you might need it.

1 mom found this helpful
Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

C.G.

answers from Albuquerque on

I used to manage 7 properties here in town as a favor to a friend who owned the properties but lived out of town, so I had to get pretty versed in the rules. The thing you have to remember is that you have/had a lease with a specific entity and your payments are due to that entity, who did you make your rent checks out to? So even though you broke your lease, you made those arrangements to the entity you had the lease with. The payments go to whomever is listed on your lease paperwork. If the management company no longer manages the property, they still have a legal obligation based on THEIR paperwork with the owner to make sure the owner gets the rents. Normally the management company won't go over to the owners home to hand over rent checks, they'll deposit them into a bank account for the owner, the same thing should happen now until the owner takes physical management back from the company.

If the owner's name is on the lease, it's a whole other story...

1 mom found this helpful
Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

C.C.

answers from Flagstaff on

In AZ, property records are public. You can find the owner by going to the Maricopa County website (assuming it's in Maricopa County) and clicking on the Assessor's tab.

As far as your lease is concerned, legally you owe the rent until either you are told (in writing) you are relieved of your obligation or the time is up. I would not pay the management company, but definitely get in touch with the owner. The web usually does not list a phone number, but at least there will be an address where you can write to them and tell them you want out of the lease. It's only official once it's in writing. Otherwise, they can take you to court. (And believe me, they do! I work for a real estate attorney. :)

1 mom found this helpful
Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

T.V.

answers from San Francisco on

It should be a public record and I would not blindly send money to someone you've never met. I would continue to check on the place and hopefully you will soon see new tenants.

1 mom found this helpful
For Updates and Special Promotions
Follow Us

Related Questions