Legally terminating rent contract early?

justaguy · Post by **justaguy** » Wed Jun 10, 2015 9:34 am

Hi.

Getting straight to the point. I have to move out in just over 2 months. However I would like to move out a bit earlier as I found another place available that I could take in roughly a month.

My roommate told me that Finnish law stipulates that if you cannot afford the rent that you are allowed to terminate the contract early. He also stated I could keep the entirety of my rent deposit.

I'm not 100% sure about this and I don't really have any friends who can verify my roommate's claim. I also don't want to get myself into a war over this and/or get a bad credit rating as I have worked hard to keep it in good standing.

My roommate told me that my landlord may try to tell me otherwise or lie to me and/or threaten to not release the deposit but he said that she would know I am in the right and that I would have the law on my side if that was the case.

The only thing I am worried about is the deposit. I don't want to lose half of it (1 month) if I move out 1 month early. I have other reasons for moving like the constant disturbances from the neighbours, and some other reasons but I doubt they would hold much weight if it came down to a legal fight.

Anyway. In short is my roommate right or not? Can I terminate the contract early and get my deposit back no strings attached if I cannot pay?

**Sponsor:**

riku2 · Post by **riku2** » Wed Jun 10, 2015 9:43 am

have a look here viewtopic.php?f=21&t=83591 there are some references to the laws there also.

justaguy · Post by **justaguy** » Wed Jun 10, 2015 10:20 am

Hmm not much info there really.

Seems like the lessor (my landlord) gets more rights here.

This is really ironic because in a similar situation when I was the landlord I found that I basically had zero rights to keep the deposit when one of my tenants moved out without informing me.

I think it's fair enough if I can't pay and need the deposit back and the landlord has a month+ notice to find another tenant. My room mate said as much but I need to see as much in writing first.
I'm going to try and ask around.

betelgeuse · Post by **betelgeuse** » Wed Jun 10, 2015 10:53 am

justaguy wrote:Hmm not much info there really.

Seems like the lessor (my landlord) gets more rights here.

This is really ironic because in a similar situation when I was the landlord I found that I basically had zero rights to keep the deposit when one of my tenants moved out without informing me.

I think it's fair enough if I can't pay and need the deposit back and the landlord has a month+ notice to find another tenant. My room mate said as much but I need to see as much in writing first.
I'm going to try and ask around.

There's paid counseling available by phone here:

http://www.vuokralaiset.fi/in-english/

The answer to your question depends on how the lease is written. Is it a fixed term lease or does it involve a termination penalty before a certain date?

justaguy · Post by **justaguy** » Wed Jun 10, 2015 11:32 am

The contract is Fixed-term (Määräaikainen) and there is remotely nothing in the contract to state what happens if the contract is cancelled prematurely. It doesn't state that there is any kind of punishment or whether or not I have to fork over a portion of the deposit if the contract would be cancelled prematurely. So in this case I guess it would go by what is written in the law. Most of the very detailed terms are with regards to the condition of the apartment and rules on renovations/putting holes in the walls etc. etc.

Regarding the deposit it just says:

VAKUUDEN PALAUTTAMINEN:
Sovittu vakuus annetaan takaisin vuokrasuhteen päätyttyä.

Could I correctly assume by the way that this is worded that, by the contracting ending (even prematurely) that I would still be entitled to the deposit back at that time in which it ends (even if it ends earlier than previously agreed upon)?

At this link: http://www.finlex.fi/fi/laki/kaannokset ... 950481.pdf

Section 55
Giving notice on a fixed-term lease agreement
A court may permit the tenant or lessor to give notice on a fixed-term lease
agreement on any of the special grounds referred to in paragraph 2 or 3 below.

The tenant may be permitted to give notice on the agreement if:
1) the tenant’s need for an apartment comes to an end or is essentially altered by his
or her illness or disability or the illness or disability of a member of his or her family
living in the apartment; or
2) the tenant moves to another locality for reasons of study, employment, or his or
her spouse’s employment; or
3) if, for some comparable reason, the agreement’s remaining in force until the
agreed date would be patently unreasonable from the tenant’s point of view.

Only really '3' kind of applies to me. As I am not disabled/dead or moving to another city.

I spoke to my roommate again today and he is absolutely adamant that you can legally leave if you can't pay the rent so long as you tell your landlord that is the case and give a fair amount of warning.

I've been in a similar situation before actually where I had a tenant who didn't pay me the final month of rent. However she gave me permission in writing to use her deposit as the final month of rent and sent the utility costs to me separately so the matter was resolved amicably.

In this case the utilities are all included in the rent and any other costs (own insurance etc) are not related to the lease itself.

I'm still at a bit of a loss here... I guess at this point it's safe to assume that my roommate is actually wrong? Seeing as I cannot find his claims in writing...
The only thing close to what I can find that he mentioned is that I could give notice of intention to leave if I was bankrupt and that is not the case...

Querfeldein · Post by **Querfeldein** » Wed Jun 10, 2015 1:08 pm

I have to move out in just over 2 months. However I would like to move out a bit earlier as I found another place available that I could take in roughly a month

I don't see how your situation could warrant you terminating a fixed-term contract one month before it is due. Paying one month extra would be hard to see as "patently unreasonable".
I suspect the best thing you can do is try and find someone to either take over your tenancy sooner, or sublet your room for the time you don't need it (you shouldn't need permission for this).

rinso · Post by **rinso** » Wed Jun 10, 2015 1:17 pm

3) if, for some comparable reason, the agreement’s remaining in force until the
agreed date would be patently unreasonable from the tenant’s point of view.

Only really '3' kind of applies to me. As I am not disabled/dead or moving to another city.

I don't think 3 applies either. That you want to move a bit earlier is not an important reason not to fulfill your contract.

Best thing to do is negotiate a deal with your landlord. In my opinion he has the best cards.

betelgeuse · Post by **betelgeuse** » Wed Jun 10, 2015 1:19 pm

justaguy wrote: I spoke to my roommate again today and he is absolutely adamant that you can legally leave if you can't pay the rent so long as you tell your landlord that is the case and give a fair amount of warning.

Your roommate's opinion doesn't seem to be based in facts. I could see this in a fixed term contract that is expiring long in the future. Even then it takes a court order. You are moving out in the near future and have a deposit in. It's very hard to argue that the means to pay don't exist.

justaguy wrote: I've been in a similar situation before actually where I had a tenant who didn't pay me the final month of rent. However she gave me permission in writing to use her deposit as the final month of rent and sent the utility costs to me separately so the matter was resolved amicably.

It's not a good idea to allow offsetting rent against deposit. What will you do if something needs fixing when the tenant moves out and the deposit is already used?

justaguy · Post by **justaguy** » Wed Jun 10, 2015 2:05 pm

betelgeuse wrote:It's not a good idea to allow offsetting rent against deposit. What will you do if something needs fixing when the tenant moves out and the deposit is already used?

I am aware of this. However I was on the other side of the planet working and she moved out without even telling me. It was her intention to get someone to rent the room in her place even though I actually put in writing on the contract that she does not have the right to rent the room out or use it for any other purpose than her own accommodation as a sub-tenant. She ran off to god knows where, sent me €55 for overdue utility bills (I didn't know she hadn't paid them properly at the time) and stated that I could use her deposit to pay the final month of rent. This was whilst she thought that the person she moved in (completely unbeknownst to me) would pay HER that money back (presumably so she could use it on another deposit/whatever).

I discussed things with her and we reached an agreement, at the time I couldn't do !"#¤% because the bitch knew there was little I could do on the other side of the planet.
I threatened to take the whole thing to court because I had another person staying in the place who could help prove that she was doing all of this behind my back. A friend of mine took the key from her, she moved out 1 month early. I got to keep the deposit and I said she's welcome to try and take it from me via a court ruling to which I would counter sue for an amount that would make her parents very unhappy people. Also I had it in writing that she said I could take her deposit for what she had done.

I haven't spoken to her since. I didn't even get compensation because she left items in the apartment and I couldn't rent it out ASAP until she moved her stuff and I couldn't legally remove the stuff from the apartment and even move it into a storage which I could have given her access too. The whole situation was !"#¤% and I suppose I could have handled it better but she took advantage of the fact that I was far away and she didn't realise that her roommate (my roommate) would tell me instantly what she bragged to him about and intended to do.

It's another story anyway.

As for this situation. I suppose I will just have to pay. I think it's somewhat !"#¤% though but at least I can rest easy knowing that at least a contract stays a contract, and that if I can't move out early simply because either "I want to" or "I can't pay" that one way or another neither can someone else whom I rent to in the future. I just find it mildly ironic that in a similar case when I wanted the Finnish legal system on my side, it turns out that the tenant had all the rights in the world and I had @#$% zilch. Now when I am trying to leave early myself, and even give over a month's notice, the answer is 'no'.

betelgeuse · Post by **betelgeuse** » Wed Jun 10, 2015 4:54 pm

justaguy wrote: I haven't spoken to her since. I didn't even get compensation because she left items in the apartment and I couldn't rent it out ASAP until she moved her stuff and I couldn't legally remove the stuff from the apartment and even move it into a storage which I could have given her access too. The whole situation was !"#¤% and I suppose I could have handled it better but she took advantage of the fact that I was far away and she didn't realise that her roommate (my roommate) would tell me instantly what she bragged to him about and intended to do.

You would have been entitled to collect rent from her for the time the items were still in the apartment.

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