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Old 12-13-2013, 08:35 PM
 
1 posts, read 2,240 times
Reputation: 10

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I am in a 10 month lease set to expire 2/28/14. After reading my lease, I found the following: Holdover Status: Nothwithstanding the above [which is the lease terms], in the event you provide us with written notice of termination containing a specific "move out" date (i.e., the exact calendar date on which you will terminate the Agreement and vacate the Home, hereinafter referred to as the "move out" date), and if we send you written notice that we have accepted your proposed "move out " date, then the combination of your written notice and our written acceptance of same shall serve as a modification to this agreement, where the parties agree that the term of this agreement shall end on the "move out" date, with the following condition precedent: that you actually vacate the home on or before the "move out" date.

I sent the property manager a letter with a proposed move out date that is earlier than my lease ending date. They are in turn saying that we will have to pay an early termination fee or pay rent until the apartment is leased or our lease runs out. However, I am understanding the above verbiage to mean that if they will agree to our move out date, that date becomes the end of our lease, not 2/28/14. In that case, I am not breaking the lease and should not have to pay any fees. Am I misunderstanding something here?
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Old 12-14-2013, 01:57 PM
pvs
 
1,845 posts, read 3,366,108 times
Reputation: 1538
I'm not a lawyer, but I would assume the change is contingent on IF they accept the change. In this case, it SOUNDS LIKE they will accept it, but with their conditions.

At any rate, good luck. Hope you can work something out.
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Old 12-14-2013, 03:52 PM
 
Location: The Triad
34,090 posts, read 82,975,811 times
Reputation: 43666
Quote:
Originally Posted by gesantanellasmall View Post
...in the event you provide us with written notice of termination containing a specific "move out"
date (i.e., the exact calendar date on which you will terminate the Agreement and vacate the Home, hereinafter referred to as the "move out" date), and if we send you written notice that we have accepted your proposed "move out " date, then the combination of your written notice and our
written acceptance of same shall serve as a modification to this agreement...

I sent the property manager a letter with a proposed move out date that is earlier than my lease
ending date. They are in turn saying that... am I misunderstanding something here?
They haven't accepted that proposal of yours.

If the fee is less than the value of the remaining time on the lease... then pay the fee
and get your SD money squared away IMMEDIATELY as well as you move on unencumbered.

If the fee is more than the value of the remaining time on the lease... then don't pay the fee.
Pay the rent on the first of each remaining month that the unit remains empty.
iow: once the LL re-rents the place you are off the hook.
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