Consumer Law, Warranties Can't afford rent, yet am in contract..LL contacted attorney

[fishknuckle]

I rent a studio space in an art gallery. I work in the service industry where income fluctuates and has decreased a sizable amount during this economic recession. I told the owner a month ago I wanted out of the lease and that I'm posting ads, trying to find someone to take over my lease. The owner claims to be posting ads for my studio but i havent seen a single one, only the 10-15 ads IVE posted, trying to get someone to take over my lease.

What do you do if you simply do not have the money to pay rent on an agreement yet have done everything in your power to get someone to take over your lease? The lease is up in July...I just dont want to be homeless, as I am also trying to get on forbearance with my student loans. The owner has sent me an email stating she has talked to an attorney.

 

[jharris352]

The worst thing you have coming is an eviction. If what you are doing is not paying enough I would look for other sources of income. Good luck.

 

[fredrikklaw]

Abandonment (v.) Eviction!

I will address both questions in this reply.

A lease contract was formed and you are of course bound by the terms of the lease if the "employee" who signed in place of the landlord had the capacity to contract on his behalf; i.e. he was authorized, was given agency, or given power of attorney by the landlord to execute leases, which by the sound of your second post, he (the employee) was authorized and had the capacity to sign the lease. So, yes, the contract is legitimate and parties are bound by its terms.

As to your second question, well, let's put it this way. If you are absolutely set on discontinuing your tenancy at the gallery for whatever reason, you are going to have to choose between (A) abandoning the lease and (B) getting evicted as means of terminating your tenancy because of their varying legal consequences.

The way you are handling this matter at the moment, sending letters to the landlord, and giving notice of intention to sever tenancy amounts to abandonment of the lease, the legal consequence of which is that not only will you be responsible for unpaid rents to date, you will also be liable to the landlord for the rent due for the entire period of the lease.

If however, you simply stop paying the rent all together because of severe economic hardship, the landlord will be forced to serve you with Pay-or-Quit notices and will eventually file an unlawful detainer action and have you evicted with the exercising of his election to terminate the lease. In this scenario, you will only be on the hook for only two to three months of rent which is roughly about how long it will take from the first notice until eviction is finalize, and not for the entire period of the lease.

The decision is yours!

fredrikklaw

 

[fishknuckle]

Well I already moved everything out of the studio. I am done with the whole thing...just have 3 1/2 more months on the lease, technically.