Property Management Agency Not Cooperating with Lease Break Request

My question involves landlord-tenant law in the State of: North Carolina

First, I am not trying to abandon the lease. I recently signed a 1-year extension of the lease I was in, and a home my wife and I really like came on the market. We bid and won the home. All of this took place BEFORE the new lease we signed was in effect (date-wise, anyway). I know that is a non-issue, but at the time, I sent a letter stating my intent to vacate. The Management agency responded with some fees, some justified, some not. Most of the fees were for advertising the property and managing it while it is empty.

Well, we live in a military town, the house is new, spacious, has a pool, and the rent is extremely reasonable. I put some ads out advertising it for rent as the management agency told me that I would need to find new tenants in order to avoid having to pay rent for the entire lease unless we find new tenants. We have had several showings and there are many families interested in the house. I contacted the management agency and they are NOT cooperating with any requests for an updated application (since they are the management agency), questions on rent or lease agreement changes, etc. Additionally, my wife and I are vacating the house this weekend. we will keep the utilities on, and have already paid rent for the month of March. It is our intention to show the house and let the management agency process applications until they settle on a new tenant. But, today, as my wife is delivering the rent check, the management agency tells us that the owners are thinking of selling and may not want new tenants. My question is are they allowed to do that? I am in a lease, they have not told me anything about an intent to sell, I have people that would qualify lined up to take over the lease TOMORROW, and have already taken care of the rent for a month I won't even be living there! I am working with these people as best I can, but feel like they aren't taking me seriously.

Does Isbey vs. Crews come into account here? Are they required to accept a new tenant because I am leaving, whether they accept a new tenant or not. What legal recourse do they have if I present people willing to move in but the management company continues to believe that I will continue to pay rent? Help!!!

First thing you have to understand is that you are the breaching party (the bad guy, so to speak) and the landlord is under no obligation to lift a finger to help you.

You refer to Isbey v Crews but have you read the entire decision:

http://www.leagle.com/decision/19818...Y%20v.%20CREWS

With regard to getting a replacement tenant, that decision involves a lease that prohibited subletting and assignment.

Does your lease prohibit or limit subletting and assignment?

Let's defer discussion on that point until you read your lease and quote word for word any provision regarding subletting and assignment.

The next issue is the landlord's statement that you would have to continue paying rent for 12 months. That's BS. If you were foolish enough to do continue paying then the landlord would have no incentive to re-rent to anybody else.

Read the paragraphs of the decision as they pertain to mitigation. That explains the landlord's obligation to mitigate.

However, it does not touch on what happens if the landlord decides to sell instead of re-rent. I don't have to look that up to be able to tell you that it's perfectly legal for him to do that but, in so doing, he waives the right to collect any further rent from you.

My suggestion is that you just leave and pay nothing further. Give the landlord the names of the people who are interested in the place and then be done with it. Trying to deal with the landlord any further will get you nowhere.

You can count on losing any security deposit that the landlord has on hand and I suggest you monitor the premises periodically so you can prove lack of mitigation if you have to.

AdjusterJack:

Thank you for your reply! I feel that I need to clarify something, though: I am not attempting to sublet. I Paid a $250 dollar break-lease fee to the management agency, and am doing my very utmost to NOT let the homeowner get screwed over by tracking down tenants (and I am trying to avoid any agency charges for advertising, maintenance, etc). In all honesty, I am seriously trying to do right by everyone, but just feel that they are playing hardball b/c they are ticked I bought a house while I have a lease (comment made to me by the agency rep when I went in to discuss why they moved slowly on my letter informing them I wasn't going to stay in the lease).

I have lawyered up, and his advice is similar to yours: refer the new tenants and wait 10-12 days to see what happens.

My next question is THIS, however:

What happens if the Property Management Agency starts telling these potential renters that' Sure, you can sign a lease with us for the remainder of the term, but the house will be on the market." Who in their right mind would enter into THAT? And, they have told me that I am responsible for the remaining time on my lease if they can't find a tenant. I'm somewhat ignorant to the law in this area, so please excuse me if I sound redundant with my questions.

I appreciate everything, and look forward to your reply.

Mike

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Quoting liquidmike99

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What happens if the Property Management Agency starts telling these potential renters that' Sure, you can sign a lease with us for the remainder of the term, but the house will be on the market." Who in their right mind would enter into THAT?

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Putting a roadblock like that in front of a prospective tenant is the equivalent of failing to mitigate if no one will rent under those conditions.

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Quoting liquidmike99

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they have told me that I am responsible for the remaining time on my lease if they can't find a tenant.

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I was a landlord for 20 years with three houses. No landlord in his right mind will let a rental house stay empty for most of a year with no money coming in. He'll find a tenant quickly or he'll put it up for sale quickly.

Besides, I don't know why you are concerned at all. You just revealed that you paid a $250 lease breaking fee. You're exposure is ZERO. You're done. Walk away and forget about it.

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Quoting liquidmike99

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I'm somewhat ignorant to the law in this area, so please excuse me if I sound redundant with my questions.

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No problem. That's why you come here. That's why we're here.