Choice of Damages, Early Termination of Lease confusion!, drawbacks? Contract (sales, rental)

[twanster1201]

I am renewing my lease and the sales rep gave me a new addendum to my lease, a "Lease Contract Addendum Choice of Damages, Early Termination of Lease Contract" which I am not familiar with.

I have 2 choices
1. "Agree to pay 1000.00 to us as liquidated damages or an early termination fee, if you elect to terminate the lease contract early, as we waive the right to seek additional rent beyond the month in which we retake possession." (still owing rent and damages for the month I am in residence)

2. standard, you leave early and you owe the rent until we get a new tenant.

Of course option 1 sounds fantastic. But this complex is known to stick it to you in every imaginable way and then some. Think of the worst stereotyped sleazy car salesman you can and this will be the everyday norm for my complex.

The word 'OR' in number one is really throwing me off, like they could charge one and then the other. Grrr, a lawyer I will never be.

Anyway, are there any drawbacks to option 1?
Thanks

[projectmaximus]

A lawyer, I am not, but my initial assumption is that option 1 means you pay the rent for the rest of the month in which you leave, as well as an additional $1000 for them to waive any further rental charges.

That's just the way I read it...hopefully someone with legal expertise can tell you for sure.

[riveree]

I agree. It sounds like they are saying they can call the $1000 "liquidated damages" or they can call it "early termination fee" - their choice.

The only benefit I see to you in this choice is that you won't be pursued in court if you break the lease (assuming you pay that $1000), or if you'll be buying a home and you're trying to time your lease to your closing date, it might be worth it.

[Floridagirl1]

I am having this same problem. The verbiage is the same as the person above; however, when I went to put my notice in that I would be terminating my lease early and will be paying the $1,000.00 they told me I have to give them 60-day notice and pay the $1,000.00 early termination fee. It does not state in the Lease Contract Addendum Choice of Damages, Early Termination of Lease Contract that I have to give them any notice. It is the 16th of the month and I gave them written signed notice that I would be moved out by the 31st. Can they hold me to the 60-day notice?

[EricBoyd]

I suggest you look over the FL Landlord Tenant Law (FL Statutes Chap 83) and read what it says about this issue. See if this link works: Statutes & Constitution :View Statutes : Online Sunshine

Here's what it says about early termination: Statutes & Constitution :View Statutes : Online Sunshine