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I signed a two year lease which included two actual free months, not prorated over the course of the lease. So, I was supposed to receive free months the 13th and 25th months of my stay. The lease also included the annual rental amount.
I paid for my 12th month and notified the management company that I would be leaving, assuming my 13th month would be free. Actually, I notified the management company two months before I moved that I would be leaving. They gave me the invoice for the 13th month which included the concession, so I was left with a balance of zero. I was told that I would be bound by the rental agreement until a new tenant was found. They had all of my phone numbers and e-mail address to contact me. I heard nothing.
Eight months later, I received a letter from their lawyer stating I owed them for back rent. When I asked for a detailed breakdown, I received a very confusing invoice which boiled down to them taking away the concession and using my security deposit for that month. They said they sent me a letter, which I never received, stating that the concession had been reversed because I was breaking my lease and that I was responsible for fulfilling the terms of the lease.
I have spoken to three different lawyers. Two of them, who have seen the lease, said that in their opinion I am entitled to that free month, partially because the annual amount of rent is in the agreement and if I have to pay for the month I was supposed to receive a concession, my payments will exceed the annual amount due. They also said that the wording of the lease states that they are entitled to the monthly rental amount, but the monthly rental amount for the month in question was zero, as laid out in the lease. Lastly, the lease never addresses what happens to the free month if the lease is broken, only that I'm bound to the terms.
A third lawyer, who did not see the lease, said a judge could find that I broke the lease and the concessions were only given if I fulfilled the terms of the lease, which I did not.
I am so confused. It was always my understanding that I would have to make up any lost revenue caused by my moving, but if the month in question was never considered a revenue generating month, how can they charge me for it? Any advice?
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