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I informed my landlord by email on 9/25 and again on 10/8 that I intended to move out Dec 1st (my lease ends in May). I was then informed that it was my responsibility to advertise, show and find new tenants and the landlord would not help me. I found several qualified tenants, showed them the property and provided them applications and sent them to LL. The LL approved new tenants and then contacted me by email and said unless I pay a lease break fee of 1 month rent ($1,750) they will not sign the lease with the new tenants on my apt but they will move them into another available apt instead and I will be responsible for rent until they decide to find tenants. I have several other applicants who also want my apartment and have applied with LL too.
Email from property manager to owner CC to me: "We have applicants ready for approval but will need to sort out the lease break before signing a lease for December 1st. " Email from owner to me "The commission is a fixed cost for each rental contract. You must understand we have another 2 bedroom unit with a vacancy opportunity that we will fill given the chance. As we are in the rental business, we will do whatever is necessary to fill vacant units. We hope you take advantage of this opportunity to fill your unit, but if not, we will fill the other vacant unit.
I have written them an email and now also a letter and told them this is illegal and I expect them to do their legal duty and take reasonable efforts to fill my unit. I also requested a move out inspection and told them I expected my full refund on December 21.
This all started because I have a lease with attached house rules that state a lease break fee of $750 but now the LL claims $750 was a mistake from new property management and it should have been 1 month rent and since they provided me with a new set of rules now that state its 1 month that's what it is.
Is there anything else I can do to get out in front of this or do I just have to wait until December 21 when they withhold my $2,500 deposit.
I informed my landlord by email on 9/25 and again on 10/8 that I intended to move out Dec 1st (my lease ends in May). I was then informed that it was my responsibility to advertise, show and find new tenants and the landlord would not help me. I found several qualified tenants, showed them the property and provided them applications and sent them to LL. The LL approved new tenants and then contacted me by email and said unless I pay a lease break fee of 1 month rent ($1,750) they will not sign the lease with the new tenants on my apt but they will move them into another available apt instead and I will be responsible for rent until they decide to find tenants. I have several other applicants who also want my apartment and have applied with LL too.
Email from property manager to owner CC to me: "We have applicants ready for approval but will need to sort out the lease break before signing a lease for December 1st. " Email from owner to me "The commission is a fixed cost for each rental contract. You must understand we have another 2 bedroom unit with a vacancy opportunity that we will fill given the chance. As we are in the rental business, we will do whatever is necessary to fill vacant units. We hope you take advantage of this opportunity to fill your unit, but if not, we will fill the other vacant unit.
I have written them an email and now also a letter and told them this is illegal and I expect them to do their legal duty and take reasonable efforts to fill my unit. I also requested a move out inspection and told them I expected my full refund on December 21.
This all started because I have a lease with attached house rules that state a lease break fee of $750 but now the LL claims $750 was a mistake from new property management and it should have been 1 month rent and since they provided me with a new set of rules now that state its 1 month that's what it is.
Is there anything else I can do to get out in front of this or do I just have to wait until December 21 when they withhold my $2,500 deposit.
You can start an action for declaratory relief, but, realistically, you're better off just waiting.
The landlord is not required to find a new tenant (mitigate damages) until you actually break the lease by moving out. Giving notice that you intend to break the lease is not enough. When you do vacate and there are others units that are vacant, they are not required to rent yours first. I suggest you talk to them and seek an amicable solution. Get everything in writing.
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