Anyone able to get a reasonable early termination clause in their apt. lease? (apartment complex, leasing)

[JBower]

I'm looking to lease a new apartment in FL. However, I would like to be able to terminate the lease at any time without having to pay an outrageous penalty. A reasonable penalty to me would be giving up my sec. dep or 1 months rent or both.

Has anyone here recently signed a lease with a termination clause? From my understanding, FL is about the only state that doesn't require landlords to mitigate the remainder of a person's lease.

My last apartment in FL had a reasonable early termination clause, but it seems that many do not.

Anyone here able to successfully find a 'reasonable' termination clause?

[mquintana]

I am an assistant property manager and can help you with this...

BUT...

There is nothing reasonable about breaking a lease.

A lease agreement is legal and binding. Once you sign it, you are held to it. The lease termination clause is new and actually the least expensive way to go. Most communities would hold you liable for the lease term at market rate until the apartment has been re-occupied. The lease termination states that (usually) 2 months rent at market rate needs to be paid upon vacating the premises. Some communities (depending on the person) will work with you in setting up an "in-house pay plan." The only way a person is released of a lease without penalties is when (usually) mold issues occur and cannot be fixed, excessive leaking which leads up to mold, or (sometimes) medical issues, depending on a situation with break in...situations in which they have no choice or have exhausted their options and need to release you of the lease. The lease termination clause protects you as well as the management company. You can try to fight it, but I doubt you will get far at all. Anyone who says to call an attorney or report on the Better Business Bureau is wrong, you won't get far, unfortunatly. You signed the addendum and thinking that the fees are outrageous won't stop them from legally charging it to you. Sorry to be the bearer of bad news...

[mquintana]

Oh, my bad-I didn't realize you were only looking.

They changed the law on the lease break. Most do not offer anything reasonable, atleast not anymore (I once worked at a community that only charged $300 to break the lease).

Overall, if you are worried about the lease break clause, I would just take a 7 month lease so if in the event that you do need to leave, it won't hurt you as bad. Sometimes it's less expensive to just finish out the lease verses breaking it and paying fees. Hope this helps a little...
If you don't mind my asking, what community are you looking into?

[JBower]

Originally Posted by mquintana

Oh, my bad-I didn't realize you were only looking.

They changed the law on the lease break. Most do not offer anything reasonable, atleast not anymore (I once worked at a community that only charged $300 to break the lease).

Overall, if you are worried about the lease break clause, I would just take a 7 month lease so if in the event that you do need to leave, it won't hurt you as bad. Sometimes it's less expensive to just finish out the lease verses breaking it and paying fees. Hope this helps a little...
If you don't mind my asking, what community are you looking into?

I'm not looking into any specifically. I moved out of a apartment complex last year in south florida that only required a $250 fee for someone to terminate their lease with 30-days notice. Personally, I would pay up to $1500 to do so. I feel that's reasonable. Florida lawmakers really need to catch up with the other states to protect the renter.

[mquintana]

Well, this clause protects both parties. You can't really say that Florida needs to catch up with other states, all states have different laws when it comes to renting. Florida and Texas are most alike in terms of rental laws. Some fees are only $1500. If your rent is $575 but your market rent is $685, it would be $1370 to buy out (market rent times 2)--for some or most communities. This is just an example. The laws change continuously when it comes to rental laws. Florida protects both parties as much as they can. Not all laws seem fair though, no matter where you go.

[JBower]

Originally Posted by mquintana

Well, this clause protects both parties. You can't really say that Florida needs to catch up with other states, all states have different laws when it comes to renting. Florida and Texas are most alike in terms of rental laws. Some fees are only $1500. If your rent is $575 but your market rent is $685, it would be $1370 to buy out (market rent times 2)--for some or most communities. This is just an example. The laws change continuously when it comes to rental laws. Florida protects both parties as much as they can. Not all laws seem fair though, no matter where you go.

So is the 2-month buy out a law? (As in, that's the most they can charge me?). I'm confused because you said earlier that it would be cheaper to pay the remained of a 7-month lease. But how is that cheaper?

[mquintana]

If you only had a month or so left on the 7 month lease--is what I meant. Or even paying 1 month month to month...if you didn't have a buy out clause, paying until the lease ends may be cheaper because you wouldn't have to pay back your specials...but this option is only if you are near to the end of your lease term.

BUT-

I am not sure about the 2 month thing--I believe that may be the max. Every management company does things differently...same field, different way of doing thigs...But-that's what we do our buy out's per our attorney's. We do not make you pay back your specials either...and then it's your current rate until the day you move out in which 2 months market rent is due. Then you are free and clear of the lease.

Your best bet is to ask them about their lease termination policy. Every management company does things differently. People ask that question all the time.

One thing to keep in mind...which I shouldn't be sharing but I will to help you out incase you need it...companies will tell you to put in a 60 day notice...they cannot force you to...so if you put in 30 days-they can only charge you the 30 days (month's worth of rent) rent and then 2 month's market at move out. Don't let them charge you 2 months rent and 2 months market-that's going against the Fl. Statute.

[Pragmaticus]

Even with 7-month you get the termination fee, doesn't matter. Plust 7-month is expensive than a year. But if you really think that you may not last 7-month, then may be month to month is better for you, again at even more expensive rate. Now there are a lot of vacancies so you may get a good deal.

Here is what I did. When we started looking for a house I didn't want a lease should push us to buy a house and went for full year contract.

I went with a year contarct knowing my lease termination agreements are 1) Telling them my intent to vacate the place one month ahead. 2) One month rent and $300 sec. deposit. And I just did that. Everybody was happy.

Also, try to be in good terms with management, that will help you a lot. Mine, for example, said if I don't close the way I planned or even find the house unacceptable after inspection they were going to let me back into my lease without a problem (good to have good relationship with mangement. I have a friend who filled the intent to vacate and decided to stay and they ask him to leave anyway. The reason? They were not in good term with him. But I did the opposit when we left the palce for extended vacation they water our plants and we bring them small gift and I tip the maintenance guys for their excellent jobs, etc. You cannot imagine how little things like that makes your life so easy). Good luck.

[bentlebee]

I wouldn't rent to some one who is so keen of breaking the lease....I have a break lease fee and if my place get's rented out fast which happens all the time, the tenant is not responsible for much more than the breaklease fee + the additonal painting and cleaning that needs place earlier than normally after one year....if the market will chance and it doesn't rent out fast the tenant will be responsible till the lease is due...and no break lease fee will be charged.

[mquintana]

Actually-a lot of places do not charge an additional fee for a 7 mon. lease anymore due to the market...I know this since I work in the industry.

At any rate-

MOST ALL apartment communities DO NOT offer a MTM (month to month) lease UPFRONT. It has to do with additional taxes. The only way you can get a MTM lease is AFTER your current lease ends...or go through a corporate leasing company. I can refer one to you if need be (to the OP).

IN FACT-what you have mentioned below (in quotes) is something that maybe a private landlord would allow but RARELY EVER a management company, atleast not a good, reputable company. By only paying half the rent and ASSUMING that the deposit could be deducted from that could either result in your rent being returned (MOST ALL communities DO NOT accept partial rent--for LEGAL reasons) OR could result in eviction.

Buying things for the staff as well as giving them money will not change anything. They cannot waive something for you because of a gift.

KEEP IN MIND--there are MANY Florida LAWS that we have to ABIDE by.

It is called FAIR HOUSING. We MUST treat everyone the same-if we do something for one person, we must do it for all people. This is why I make NO special exceptions because if you get caught doing it, it results in termination and possible lawsuits.

What I have told you about the procedure is the law. I am only going off of what we do, what our attorney's suggest AS WELL as the Florida Statutes. I have given you as much knowledge as possible and am willing to give more...accurate info.

Property management is a more complicated field than mosr would think, there are so many different laws that continously change. Speaking with someone who works in the field and has a grasp of the laws is your best way to go--like someone who is showing an apartment to you or their manager.

I myself, I have worked in property manangement for about 6 yrs. now. I was a leasing consultant for 3.5 years and have been an assistant manager for 2.5 yrs. If I chose to stay in this field, they would have promoted me to manager-but I am currently in school for nursing.

Originally Posted by MeInDenudinFL

Even with 7-month you get the termination fee, doesn't matter. Plust 7-month is expensive than a year. But if you really think that you may not last 7-month, then may be month to month is better for you, again at even more expensive rate. Now there are a lot of vacancies so you may get a good deal.

Here is what I did. When we started looking for a house I didn't want a lease should push us to buy a house and went for full year contract.

I went with a year contarct knowing my lease termination agreements are 1) Telling them my intent to vacate the place one month ahead. 2) One month rent and $300 sec. deposit. And I just did that. Everybody was happy.

Also, try to be in good terms with management, that will help you a lot. Mine, for example, said if I don't close the way I planned or even find the house unacceptable after inspection they were going to let me back into my lease without a problem (good to have good relationship with mangement. I have a friend who filled the intent to vacate and decided to stay and they ask him to leave anyway. The reason? They were not in good term with him. But I did the opposit when we left the palce for extended vacation they water our plants and we bring them small gift and I tip the maintenance guys for their excellent jobs, etc. You cannot imagine how little things like that makes your life so easy). Good luck.