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I want to break my lease. I have been told if I do so I will be charged for repainting and cleaning costs because they'll have to do these things before the lease term is up. These items are not specified in the lease agreement. It does state, however, that the landlord can collect all reasonable expenses associated with enforcing the lease and to collect any rental or damages associated with the breach of this lease. Are these considered reasonable damages? Thanks!
They're considered "damages" if you leave the unit dirty and the walls so badly banged up and filthy that they far surpass the "normal wear and tear" standard. Go to the first "sticky" on this page and find the link to your state landlord tenant laws where you'll find a section on security deposits and how they're handled. And read your state laws on early lease termination/breaking a lease.
If your landlord really is saying what you related, this isn't the right way to go about it.
and to collect any rental or damages associated with the breach of this lease.
This refers to FINANCIAL damages
Quote:
Are these considered reasonable damages?
Material damages (the broken, the dirty, the abused) are a different matter.
And are (should be) handled the same regardless of how the lease term ends.
I've looked at the laws and in my state it says the landlord can withhold "the amount of damages that the landlord has suffered or will reasonably suffer by reason of the tenant's noncompliance with law or the rental agreement." However, it also states landlords can only withhold for normal wear and tear. Does terminating a lease early count as noncompliance even if I fulfill my obligations of paying the break lease fee and the rest of my rent? I really feel like they're just trying to keep my security deposit because these fees they want to charge are almost equivalent to my security deposit. It also took me four inquiries to get them to tell me what in the lease makes me obligated to pay those charges. I'm looking into getting a lawyer before signing any notice papers. I'm just hoping before I do I can figure out if it is worth perusing.
After talking in person with someone in my rental office, I started emailing the property manager. Most of the conversation is in email.
And regarding the financial damages, they are trying to say the cost of repainting is a financial damage to them because they are doing it sooner than the end of lease. This seems bogus to me? Am I right?
Does terminating a lease early count as noncompliance even if I fulfill my obligations of paying the break lease fee and the rest of my rent? I really feel like they're just trying to keep my security deposit because these fees they want to charge are almost equivalent to my security deposit. It also took me four inquiries to get them to tell me what in the lease makes me obligated to pay those charges. I'm looking into getting a lawyer before signing any notice papers. I'm just hoping before I do I can figure out if it is worth perusing.
No, terminating a lease is not non compliance if you pay the early termination fee. You're off the hook and you do NOT pay any further rent after you've moved out - that's why you pay a fee. Within whatever time frame mandated by your state, your landlord has to return to you your security deposit less any documented deductions for repairs or damages beyond normal wear and tear. Google, "(your state) security deposits" and you'll find easily readable links.
After you've paid your early termination fee and start to move out, clean the unit meticulously and take a slew of dated photographs of every nook and cranny to show how you left the place. If your LL subsequently takes from your security deposit excessive charges for cleaning or damage, you have proof of how you left the place. You can also ask your LL to do a walk-through with you a few days before you move and point out anything he wants you to take care of before you hand over the keys - and have him document those things. And of course take photographs "before" and "after".
... they are trying to say the cost of repainting is a financial damage to them because they are doing it sooner than the end of lease. This seems bogus to me? Am I right?
That's total rubbish! No tenant is responsible for absorbing the cost of totally repainting a unit whether the tenancy is six months or 6 years. You are only responsible for damages beyond normal wear and tear.
I want to break my lease. I have been told if I do so I will be charged for repainting and cleaning costs because they'll have to do these things before the lease term is up. These items are not specified in the lease agreement. It does state, however, that the landlord can collect all reasonable expenses associated with enforcing the lease and to collect any rental or damages associated with the breach of this lease. Are these considered reasonable damages? Thanks!
It sounds like BS to me, especially the repainting cost. The landlord would have to pay that anyway, so breaking your lease would not incur any additional painting expense on his/her part. As a matter of fact, it may be cheaper, because the paint would be in better condition than if it were a year or several months older. As for the cleaning, how can they charge you for it if you leave the unit clean yourself? It just sounds like they want to punish you for leaving early. The reasonable damages the landlord can incur is any damage you cause, no matter when you leave, and the additional expenses involved with finding another tenant earlier because you broke the lease.
... and the additional expenses involved with finding another tenant earlier because you broke the lease.
Not if a lease termination fee was paid.
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