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Adding a Layoff Clause to My Lease (01/31/09)

 

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Disclaimer: I am not a lawyer. I am only publishing my interpretation of my situation. You should seek your own legal representation for your own particular situation. Do not rely on my opinions or statements for your own purposes as state and local law varies as do individual circumstances.

   
       The lease on my rental condo is up for renewal at the end of March. I am scared to renew it as there is currently no layoff clause in the lease agreement. Considering that my employer just announced that they will layoff about 5,000 employees this year, I think I need to carefully consider my options before I lock myself into a 12-month lease that does not allow me to break the lease even for a layoff.

          Currently, my lease agreement states that I am responsible for twelve months of rent payments regardless of anything else. I cannot vacate the property without still being responsible for the remainder of the monthly rent payments. The lease agreement does state that the owner will not hold me responsible for rent payments after I vacate the property if the owner finds another renter who moves in and takes over payments. The lease agreement does state, however, that the owner is under no obligation to find a new renter (what kind of incentive is that for the owner to find a new tenant?).

          As such, I am looking for what my other options for housing are. My first option is to move into my other condo. Unfortunately, that condo will go into foreclosure soon. I do not know how soon, but it will be surely some time this year. Still, that will give me some time and it will save me some money as I am not making mortgage payments on that condo. Once that condo goes back in foreclosure, I will have to move again. At that point, my options will be to move back home and into my grandmother's house (my grandmother passed away last September and left the house to my mother) or move into another rental property. I dread the idea of moving back to my home town so I am leaning more towards renting a place. That means that I will have to apply for a rental place and they will pull my credit report again. I risk not having a good enough credit report so I might be stuck with the other option of moving into my grandmother's house. I hope this is not the case. So many problems...

          Back to the immediate problem at hand, should I renew my lease even though it does not have a layoff clause (a clause that will let me break my lease if I lose my job). I have decided not to renew the lease as it is. I have, however, asked my leasing office if a layoff clause might be added. They have not gotten back to me about this although they did not immediately just say 'no'. Unless they change the lease agreement though to include a way for me to get out of the lease if I am laid off, I will not be renewing.



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