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So, I gave the required 30-day notice to terminate my lease, and paid the final month's rent. There is also a 2-month early termination penalty in the lease that was due upon move-out.
I moved out almost a week early, and sent an email to the landlord letting him know I had moved my possessions out, in case they wanted to get in early to clean (I already left it spotless).
Two days before my move-out date, I go to the property for one last walk-around, and there is a new tenant already moved in.
I went to the leasing office to turn in my key, and they inform me there is no balance. I assume they waived the early termination fee because they technically signed a new lease before mine was expired.
Two months later, I get a bill in the mail for the early termination fee!
My question: Can I claim the landlord voided my lease by moving a new tenant in before my lease was up, thus nullifying the early termination fee?
I would write to them via return receipt certified mail and tell them pretty much what you've said here. That you moved out of the unit before the agreed-upon termination date; that a new tenant moved into the unit before that date; that you had already paid rent through the end of the month; and that when you turned in the key to the leasing office you were told there was no balance due. "In light of the above, I'm sure this bill (a copy of which I enclose for your records) is a mistake. Sincerely yours ..."
If the early termination fee is legal in your state, then I would think it would still stand. But, the landlord can't charge you rent for the same time he's collecting rent from someone else. I see them as 2 separate issues - 1) early termination fee because you did terminate early; but 2) you shouldn't have to also pay rent for a time period where he's collecting rent from someone else.
I agree that the early termination fee will probably stand - but no harm giving it a try with a simple letter to start off with and see what the response is.
I guess you chose to go with the Early Termination Fee?
In FL, at lease signing, you check off the 2 month Early Termination Fee choice if that is what you want (if lease is broken). The other choice is to owe remaining rent until a new tenant is found.
IF you choose the 2 month early termination fee, then the landlord gets to keep this 2 month fee whether or not they rerent quickly. The tenant doesn't have to worry about it taking 5 months to find a tenant and only owes the 2 months. But the landlord wins if they can rerent quickly and also collect the 2 month fee. It is my understanding that the landlord can double dip by keeping the early termination fee and rerenting during that 2 month period.
My main argument is whether the landlord legally voided my lease agreement by signing a new lease to persons who occupied the property while I still had a legal right to occupy. If it goes as far as court, my case would be "Hey, its a broken contract on part of the landlord. As such, the early termination fee should be voided as well. They didn't seek to compensate me, and likely counted on my ignorance of the new tenants. Plus, the landlord came out on top by collecting overlapping rent"
My main argument is whether the landlord legally voided my lease agreement by signing a new lease to persons who occupied the property while I still had a legal right to occupy. If it goes as far as court, my case would be "Hey, its a broken contract on part of the landlord. As such, the early termination fee should be voided as well. They didn't seek to compensate me, and likely counted on my ignorance of the new tenants. Plus, the landlord came out on top by collecting overlapping rent"
No. Most leases, and probabably yours, have a clause that says if any part of the lease is deemed invalid, that the remainder of the lease shall not be deemed invalid. I forgot the legal wording, but it's pretty standard and is present in most leases.
They might owe you rent for the 2-3 days the new person arrived where you already paid. IMO, it's not worth fighting over a few days of rent.
I don't see where the 2 months early termination fee would be waived. I think that's what you are hoping for.
In my understanding, a landlord legally can double dip when an early termination fee applies. but check your state law to be sure. Each state (and some cities) can have different laws.
Did you legally sign off the lease and the new tenants signed on in their name? Or did you just terminate the lease and they happened to find someone to move in after you? Is there a chance they sent the bill by mistake? That's really crappy if they did that purposely, I had to move and I didn't owe anything, I just found new tenants to legally take over my lease and pay the rent for the remainder and everyone was happy. But it sounds like you may have selected the early termination fee, and whoever told you there was no balance was mistaken? Maybe they routinely send the termination bill out after move out? I would think the clause in the lease would hold up in court either way, unfortunately..
As a Real Estate Broker in California and owner of a Property Management Firm I'm surprised by the mis-information and hostility of so many of these posts. Additionally, one particular person has gone so far as to post a form letter, which is considered practicing law without a license and illegal. As a Landlord who represents many owners who have had to move and make their property into a rental because of the market, the rent is needed to cover the mortgage, insurance, taxes, etc and most have to kick in money monthly to cover the costs. I can't speak to mega complexes, but a Property Manager balances out the needs of both parties. People need to move, owners need the rent, it's not hostile. Since both the Landlord and Tenant have a responsibility to the lease it's best to work together. We advertise, help with showings, and require the Tenant to involve themselves as well. You can't walk away from a lease anymore than your car payment and not expect repercussions. Most Landlords are reasonable people, but don't assume if you leave during the holidays your unit will immediately rent. I HIGHLY suggest you not take these posts as truths and do your own due diligence. After all, you signed the lease, which is a legal and binding contract. Working together has always worked with us. But if you come at the Landlord with nonsense and hostility, expect to be treated with the same in return. Let's all be adults here and again, DO NOT take advice from an online wanna be attorney. With a pro-active, positive attitude things work out for everyone.
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