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.
FYI. If you leave early but continue to pay rent until end of lease...you don't have the pay it all upfront upon moveout. You simply keep paying the monthly rent on the due date just as when you lived there (usually 1st of the month).
The landlord is supposed to actively search for another tenant. If/when one is found, you not longer have to pay rent.
You turn over keys and get a walkthough done upon moveout. This way you turned over the property to them and you are no longer responsible for keeping the unit safe.
According to the lease, to end it early I'd have to give 90 days notice, pay a termination fee equivalent to 4 months, and continue paying rent until the end of the lease term or until a new tenant is found.
Reread your lease, as this seems extreme to the point of ridicule.
And by re-read your lease, I mean make sure it doesn't have other clauses such as:
1) Having to name your next child after the landlord
2) Having the landlord's face tattooed on your back, inner thigh, or abdomen (minimum of 15 inches)
3) Having to send a Christmas card to landlord for life
4) Bequeathing your entire estate to landlord's family upon your death
5) Solving world hunger, disease and war, in the landlord's name
I once leased a townhouse and during the lease term bought a house. I closed late in December and the lease ran thru the end of March. I advised the property managment company that I would be moving out the last day of Jan. but would pay out my lease. I wanted to turn in my keys and just write a check for the months of Feb. and March. They accepted my keys, and did a walk thru with me the last day of Jan. and propped a for sale sign in front of the townhouse that day. We got into a heated exchange because they insisted I was responsible for the utilities at the townhouse even though I had moved and they would be showing it and it was listed on MLS. It can get pretty warm here even in Feb & March and, without keys I could be at the mercy of real estate agents who jacked up the air conditioner or heat and just left it cranked up......this happens a lot. We really went to war over my refusal to pay for utilities for the last two months. In the end, the property sold before my lease term expired and I got my full security plus partial last month rent returned. But just wanted to give a bit of input about keeping utilities on. In very cold climates, it might be needed to prevent frozen pipes but if you are vacating you might think about how to manage this.
Reread your lease, as this seems extreme to the point of ridicule.
And by re-read your lease, I mean make sure it doesn't have other clauses such as:
1) Having to name your next child after the landlord
2) Having the landlord's face tattooed on your back, inner thigh, or abdomen (minimum of 15 inches)
3) Having to send a Christmas card to landlord for life
4) Bequeathing your entire estate to landlord's family upon your death
5) Solving world hunger, disease and war, in the landlord's name
Ha!
Nope, nothing like that.
The "offending" section reads as follows: Tenant may end this lease and move out of the Property before the End Date of the Lease or any Renewal Term only with written permission of Landlord, and only if:
(A) Tenant gives Landlord at least 90 days written notice, AND
(B) Tenant pays Landlord a Termination fee of 4 months, AND
(C) Tenant continues to pay all rent until the End Date of the Lease, or any Renewal Term, or until a new tenant is approved by Landlord and a new lease takes effect, whichever happens first.
I'll do my best to land a job with a start date that allows me to stay through the end of the lease. But if I find something sooner, then I'll just have to take my lumps. I'll get in touch with my landlord as soon as I know more about when I'll need to leave.
Most properly constructed contracts contain a severability clause something like....
" if any part of this contract is illegal, the rest is still binding."
It's obviously not just my opinion that the one clause in your contract is not legally enforcable whether that clause is included or not.
However, you will still be responsible for utilities and the apt in general if you just keep paying the rent and are not there without a written argeement to the contrary.
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.
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.
