Leaving China before flat contract runs out

[ai_ya]

The contract on the flat that I have rented ends in September, but I must go home in March because of family reasons - the rent is paid every 3 months, and the next rent is due at the end of March [i plan to leave at the beginning of March], what should I tell my landlord, will I need to pay the remaining rent or....?

Any help would be much appreciated.

Thanks

[Xiao Kui]

Legally, I don't know - I think you would be bound by the contract. Practically, it probably depends on your landlord, how understanding he/she is as a person, and the ease or difficulty of finding a new tenant to take over the lease. I've had to leave early because of family reasons, and my landlord was very understanding and only required me to pay rent for the months I lived there. If it is really a family problem that has made you leave the country a lot of Chinese will be understanding, because of the importance of family in Chinese culture.

Of course if you have any potential tenants to introduce to the landlord who might want to take over your lease that might be a plus. Of course if they're also foreigners he/she might hesitate thinking they might leave early as well.

A lot of other people in this situation sublet to other foreigners. Depending on the apt and location you could sublet at a loss or maybe even a profit!

[gougou]

Xiao Kui mentions two good options. I would first try to find somebody to take over your flat (and contract). I've done this before, and I would imagine that most landlords don't care who lives in their flat as long as they don't have to worry about finding somebody new themselves. Appealing to their understanding of course could work as well, but depends on your landlord and your relationship with him.

If push comes to shove, your contract should specify what happens in a breach of contract. I think the standard is a fine of one month's rent (at least that's what it's been in my contracts so far).

[simonlaing]

This is quite common problem,

Many foreign students want to stay over the summer and may look for accomodation outside of the University. Putting up flyers on the bulletin boards or local BBS could help you.

I had a similar problem and the landlord didn't want to give back the deposit. Since we had been there half the year we negotiated to get back half the deposit. If I had found someone to replace me I probably could have got the whole deposit back.

have fun,

Simon:)

[cdn_in_bj]

I must go home in March because of family reasons - the rent is paid every 3 months, and the next rent is due at the end of March [i plan to leave at the beginning of March], what should I tell my landlord, will I need to pay the remaining rent or....?

So basically by just packing up and leaving, you are foreiting one month's rent (which you have already pre-payed) as well as your deposit (which I assume is 1 month's rent as well).

Firstly, check your contract. Most rental contracts here have a break clause resulting in a 1 month penalty which works both ways (ie-if your landlord breaks the lease, he has to compensate you 1 month's rent). Also, the breaking party is required to give notice 30 days in advance. Going this route (which would require you to give notice NOW), your landlord would refund you the 1 month's unused rent, but keep your deposit as the break penalty

But before going this route, I think you should try talking to your landlord like others have suggested. It may actually work out better for your landlord to find new tenants, as he would hit the "Olympics rush" and may be able to charge higher rent to the new tenants. If he doesn't agree to let you off the hook, then you'd have to go by what's in the contract or you could try finding someone yourself to take over the lease, but I think you'd still have to get your landlord to agree to this (the subletting, that is).

@gougou - in a sublet situation, what happens to the deposit? Do you collect it from the new tenants, who in turn would collect it from the landlord at the end of the lease? It would seem to me that it would be very easy for the landlord to not return the deposit to the new renters, but then again I've never been in this situation.

[gougou]

It would seem to me that it would be very easy for the landlord to not return the deposit to the new renters

Well, that's not my business then.

No, just kidding. In my case, we agreed with the landlord to have somebody else take over the rent, so keeping the deposit would be just as easy/difficult for the landlord as if I had stayed in myself. I actually forgot how we managed with the deposit, as that was a shared flat and the friend with whom I had originally rented the flat still stayed in there. I think we didn't ask the new guy to pay a deposit and my friend paid me back after his lease expired.

[cdn_in_bj]

Well, that's not my business then.

Haha!

So basically subletting here requires the landlord to be in agreement, which makes sense.