can i get out of a fiveyear lease if the house cannot be rented for 1 year. the landlord is not the owner of the house. it's her son.

Asked by Corken, 97214 Mon Jan 9, 2012

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Joe and Liz Edwards’ answer
Joe and Liz…, Agent, Beaverton, OR
Mon Jan 9, 2012
Most residential leases have lease breaking clauses. Many residential leases unlike commercial leases will not allow sub-leasing unless specifically outlined. The first thing that needs to be done is to review the lease contract and since this is technically a legal question it may be wise to run it by an attorney before taking any action.

It is surprising that the owner allowed a 5 year lease since he/she can not make unilateral adjustments to the terms during the 5 year period. Ask yourself if the 5 year period benefits the tenant or the owner. With rents on the rise for the foreseeable future the owner may be agreeable to terminate the lease in hopes of finding a tenant that will pay more for the property on a monthly basis.
1 vote
Dave Sutton, Agent, Portland, OR
Mon Jan 9, 2012
You're really asking for a legal advice, which Realtors are not licensed to provide, but a lease is like any other contract. It probably contains terms describing what happens if you want out early.
1 vote
Todd Adams, Agent, Beaverton, OR
Wed Jan 11, 2012

Renters have rights as do landlords. You will want to consult with an attorney that specializes in real estate and specifically with renters. Lawyers specialize in particular types of law. No two Lawyers are alike. Do your research and interview several Lawyers before you decide to hire one. It is worth your time and money to do your due diligence.

Todd Adams, Broker
Keller Williams Realty Professionals
0 votes
Melina Tomson, Agent, Salem, OR
Mon Jan 9, 2012
Why can't the house be rented for a year?
0 votes
Tom Inglesby, Agent, Portland, OR
Mon Jan 9, 2012
Corken, you need the advice of an attorney. Email me and I can give you a name and number. This is a small price to pay if they can get you out of the lease. Good luck.
Tom Inglesby, Broker
RE/MAX Equity Group
0 votes
Lana Lavenba…, Agent, Grants Pass, OR
Mon Jan 9, 2012
That will all depend on how the lease was written - if any one rights under it have been violated and so on and so forth. There are so many variations that you really will need to seek the help of an attorney to tell you - which I assume, you had one look at it prior to signing.
0 votes
Ron Thomas, Agent, Fresno, CA
Mon Jan 9, 2012
What diff does it make if the house cannot be rented?
You have a five year lease:
If you to break it, you will have to talk to an Attorney.

Good luck and may God bless
0 votes
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