U.S. CitiesCity-Data Forum Index
Happy Easter!
Go Back   City-Data Forum > U.S. Forums > North Carolina > Raleigh, Durham, Chapel Hill, Cary
 [Register]
Raleigh, Durham, Chapel Hill, Cary The Triangle Area
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 10-07-2013, 12:24 PM
 
15 posts, read 15,596 times
Reputation: 10

Advertisements

I'm now in trouble of early termination of my current rental. Hope someone can help out. As most may know the school redistrict in chapel hill and new elementary school of Northside. My husband and me worry a lot about the environment and students population in Northside, we therefore decided to break the rental lease and move to somewhere else. We signed 2 years contract and now have 6 moths left. Before we signed the contract, LL verbally agreed no charge on early termination if we have urgent issues. Now she denied her previous promise and charge us about $6000 early termination fee. Could we use the school district change as a legal reason to move out without this much penalty? In the lease, there is no document about penalty on early termination. Under deposit, it is said to use deposit as re-rent fee for LL. Any suggestion?
Reply With Quote Quick reply to this message

 
Old 10-07-2013, 01:17 PM
 
219 posts, read 411,309 times
Reputation: 424
if there's nothing in the lease document about a penalty for breaking it -- except for losing your security deposit -- then there's nothing LL can do legally. LL is just trying to intimidate you, IMO. $6k for termination? especially w.only 6 months left? oh hell np. what a load of crap! Get out as quickly as you can.
Reply With Quote Quick reply to this message
 
Old 10-07-2013, 01:22 PM
 
Location: Oxxford Hunt, Cary NC
4,188 posts, read 9,813,507 times
Reputation: 3821
Pretty sure that when you sign a lease, you are liable for rent for the whole period. There doesn't need to be an early termination fee.
Reply With Quote Quick reply to this message
 
Old 10-07-2013, 01:23 PM
 
Location: NC
6,081 posts, read 7,030,845 times
Reputation: 12054
Personally, I don't think you have a good reason for breaking the lease, and you will be held responsible for the outstanding time on the lease. Is it worth losing the 6 months rent?
Reply With Quote Quick reply to this message
 
Old 10-07-2013, 01:26 PM
 
15 posts, read 15,596 times
Reputation: 10
Mselainey, thanks for your reply. My LL said $6000 is 3 month rental fee. Or else I need to pay the rental till 6 month later when the lease ends. I read my lease several times. Only under tenant security deposit, it is said "deposit will be used for any cost of re-rent the property". I called 2 attorneys for consult. One said do whatever the LL said since I break the lease. One said no, just leave the deposit to her. So confused and frustrated with the situation.
Reply With Quote Quick reply to this message
 
Old 10-07-2013, 01:31 PM
 
Location: Rural Central Texas
3,581 posts, read 9,003,983 times
Reputation: 5402
It is an intresting question. The tv court programs routinely rule that the landlord may charge the monthly rent of the lease until the property has been re-leased if there is no provision in the lease for early termination. In your case, the lease security deposit is designated for a re-lease fee. Does that clause mean that the LL could keep your security deposit even if you fulfilled the lease term, or only in the event of early termination? If it is designated toward termination relief, I would suggest it is the early termination clause and the LL can only keep the security deposit in the event you break the lease. If not, then it would suggest that they can keep the security deposit and make a claim for montly rent up until the end of the lease or they re-lease, whichever occurs first.

The concept of mitigation comes into play, however, and the LL must make reasonable efforts to obtain a tenant or they cannot claim lost rents. The instant the property is under lease once again your liability for rent ends.

I am not a lawyer, and judges are allowed to interpret the law any way they feel justified, so your mileage may vary when it actually comes before the court.
Reply With Quote Quick reply to this message
 
Old 10-07-2013, 01:35 PM
 
804 posts, read 1,746,497 times
Reputation: 749
Quote:
Originally Posted by joylily2004 View Post
Before we signed the contract, LL verbally agreed no charge on early termination if we have urgent issues.
I can't see that school redistricting would constitute "urgent issues". Maybe job loss or medical emergencies, but not school redistricting. Even if that was the agreement, I suspect the LL could make the argument that it does not fall in the urgent category.
Reply With Quote Quick reply to this message
 
Old 10-07-2013, 01:35 PM
 
219 posts, read 411,309 times
Reputation: 424
I just don't see how demanding you pay out the lease is even legal or enforceable. It will cost the person more to come after you legally than it would for them to eat their security deposit and re-rent the place. It may be worth seeking a third or even a fourth legal opinion to see if you can get a consensus.

I just broke an apt. lease due to buying a new home and even though I didn't like it, I ate the lease-breaking fee of $1,000. But that was very specifically noted in the lease agreement, along with the need to give 60 days of notice. Which I did.

I wish you good luck, because I honestly think the LL is hoping you will be afraid and just pay him/her off, and I would fight that with everything I have. Whatever happens, for the next place you rent, please ask for it to be clearly documented in whatever you sign precisely what the penalty is if you have to break the lease so this doesn't happen to you again.
Reply With Quote Quick reply to this message
 
Old 10-07-2013, 01:48 PM
 
15 posts, read 15,596 times
Reputation: 10
thanks for all your reply. I trusted the LL too much before I signed the contract when she said early termination fee would be waved if I inform her 3 months in advance with urgent issues. I didn't ask her to put in in the lease, since I saw the lease didn't include anything for early termination penalty except under the security deposit. I assumed deposit will be all if I inform her 3 months in advance. But now the LL denied totally what she said.
Reply With Quote Quick reply to this message
 
Old 10-07-2013, 02:36 PM
 
Location: Durham NC
1,126 posts, read 1,177,972 times
Reputation: 868
I live in NJ currently and my lease says early termination fee is 2 months rent. Each lease is different and each state has different laws. You may be liable for the entire term of your lease but you would have to take your lease to a lawyer to be sure. There are some who will give you a free consultation. I would go that route. Sounds to me like you LL will try to get cute with giving you back your security deposit at least a good part of it if they pulled this garbage.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:




Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > North Carolina > Raleigh, Durham, Chapel Hill, Cary
Similar Threads
View detailed profiles of:
Follow City-Data.com founder on our Forum or

All times are GMT -6.

2005-2018, Advameg, Inc.

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 - Top