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I may need to move a couple of months early. 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.
If I leave early, but continue the paying the rent and utilities until the lease term ends, is that generally considered to be breaking the lease?
The lease mentions abandonment, but defines it as leaving without paying rent. There's another bit that's a bit more worrying. It says, "Tenant leaves the property before the end of the lease, [then] Landlord can take possession and seek damages." If I leave a little early and continue to pay, what exactly are the damages?
I want to do the right thing, but I also don't want to pay thousands of dollars to leave a month or two early.
If you leave the property but keep paying the rent since you are close to the end of the lease then you will never be considered of breaking the lease.
Keep in mind if something happens to the property you are still responsible.
If you give notice and pay the lease break fee and give the keys back and leave the property nice than you are no longer responsible for the property and if you ever need a referal the LL should be able to give it since you did the right thing.
Can you afford to prepay the lease and then you could do a walk through and return the keys? The LL would probably be happy to double dip on rent, and you could move on without it hanging over your head.
Can you afford to prepay the lease and then you could do a walk through and return the keys? The LL would probably be happy to double dip on rent, and you could move on without it hanging over your head.
Double dipping is not allowed unless in you lease there is a lease break fee. If you have to pay rent and someone else is moving in than it is considered double dipping which is against the law.
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.
any one of these is reasonable. requiring all is absurd.
Double dipping is not allowed unless in you lease there is a lease break fee. If you have to pay rent and someone else is moving in than it is considered double dipping which is against the law.
Well, the OP claimed to have a substantial lease break fee, and I was merely attempting to suggest a way to reduce the headache he/she will be dealing with.
I believe in some states douple dipping is allowed in other's it's not.
I'll definitely talk to my landlord once I know when I'll be leaving. And I'll check the state laws as well to see about the double dipping issue. I can afford to pay ahead if that's what needs to happen.
And, yes, the fees for breaking the lease really are that steep. I live in an area where it can take awhile to fill a vacancy. So I understand why the penalties are so rough. I just want to make sure I'm not being totally unreasonable in offering to pay through the end of the lease if I end up having to leave a month or two early.
I really think you read the terms erroneuosly(or it was written with an error)...rather than....
"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"
That "and" should be an "or"
If you are paying the rent until the end of the lease, you aren't "offering" to do anything....you are simply complying with the terms of the lease.
However, you can offer the LL the opportunity to start looking for and possibly renting to, a new tenant sooner than would be possible if you were still occupying it.
If you do so,have a walk-through before you leave and make sure you have it in writing, that LL will be responsible for the security of the apartment and any potential damages from the date of your vacating.
If LL does rent to somebody else before your lease is up, of course, you will not be paying rent for that time period.
I may need to move a couple of months early. 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.
If I leave early, but continue the paying the rent and utilities until the lease term ends, is that generally considered to be breaking the lease?
The lease mentions abandonment, but defines it as leaving without paying rent. There's another bit that's a bit more worrying. It says, "Tenant leaves the property before the end of the lease, [then] Landlord can take possession and seek damages." If I leave a little early and continue to pay, what exactly are the damages?
I want to do the right thing, but I also don't want to pay thousands of dollars to leave a month or two early.
Thanks in advance for your opinions/suggestions!
If you leave before your lease is up, it's considered breaking the lease. If you want to do the right thing, read your lease, talk to your landlord and pay whatever penalty is required.
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