We’re needing to find a way to wriggle out of our lease in the US for an apartment, without paying for the remaining 6 months (we’re moving back to the UK as the wife got a permanent job), and preferably without ‘running away and not paying’

Do you think we can use this clause in the Delaware Landlord-Tenant Code;

Upon 30 days’ written notice…the tenancy may be terminated:
(1) By the tenant, whenever a change in location of the tenant’s employment with the tenant’s present employer requires a change in the location of the tenant’s residence in excess of 30 miles;

Now, my wife is leaving her employment here (University post-doctoral researcher), and that means that her employment based visa becomes invalid, which requires us to leave the USA, therefore requiring us to move >30 miles away…

Reckon it’s worth a try? 😀

It isn’t ‘present employer’ tho – different employer.

That clause is for when a factory / office is relocated, and you need to move with it. New employer (i.e. new job) won’t qualify.

Thought it’d be something like that 😕

Edit: I wonder if she could get them to alter the employment contract to state a different place of work, given that she might end up finishing some work when we’re back in the UK…

Te ore way of looking at it is to serve the notice on the basis your are bei relocated to the uk. If they accept it, great. If not, you’ll have to pay up.

I’m not advocating fraud, but you meant to carefully word something to leave some ambiguity in the language.

Or just phone em up and do a deal – say 3 months’ rent.

Just tell them you are being deported.

How much time have you got? Could you not find someone to replace you, surely the clause is to protect against lost income, if the landlord loses no income…..

Just tell them you are being deported.

Well, we would be deported if she left her job and we didn’t leave the country… can’t find anything the code that deals with deportation though. 😕

just phone em up and do a deal – say 3 months’ rent

Don’t have any leverage to do a deal, I suspect they’d want the full 6.

How much time have you got? Could you not find someone to replace you

We could, but it’s subject to their approval. And given the number of empty apartments they have this year, there’s no reason for them to accept a change of lease over potentially leasing out a new one, at a premium for a short term contract, no less.

Fair enough, just a thought.
Get TJ to speak to them?

The landlord is obliged to seek to rerent the property on normal terms and you have to keep paying rent. They can’t just do nothing and keep all of your money because it’s easier for them. See 5a and 5b of the code. If the market is slow, you may be on the hook for a while.

A bit of arson ?