Is a family of4 entitled to get out of a leased 1 bedroom apartment?

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Is a family of4 entitled to get out of a leased 1 bedroom apartment?

My wife and I and our children (son 8 and daughter 13) signed an apartment lease for a 1 bedroom because our plan was for my wife to relocate leaving me 1 child and the rent. Months later the manager said that it was against their policy and we would have to move to one of their 2 bedroom’s or move out even though we were upfront with our plan to 2 other representatives, prior to and including the signing. We were eventually able to persuade the manager based on the fact that our plan was known and we both were on the lease. As it turns out the relocation did not go through and we are now stuck in the 1 bedroom.

Asked on November 22, 2011 under Real Estate Law, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

From what you have written, you will not be unable to get out of the leased one (1) bedroom apartment unless the landlord is willing to sign an agreement allowing the end of the lease with no future payment for it.

The problem that you have is that when you signed the presumed written lease agreement, you and your wife had certain plans and unfortunately the plans did not come out the way you wanted them to as to the relocation.

Another option is for you to sublet the apartment to someone else where you would essentially act as the landlord and you get paid rent for the one (1) bedroom apartment and you end up paying your landlord in turn the rent that you owe.


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