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I need to break my lease early and was thinking of using the early term clause. I'm wondering if after reading this clause in the lease, do you think the landlord will chase the remaining balance or is the matter considered closed after paying the fee?
So the clause is as stated:
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[SIZE=3]“If tenant is unable to comply with the terms of the Leasefor the full term of the agreement or any renewal or extension of the agreement,then the Tenant agrees to give the Landlord at least sixty (60) days writtennotice that the Tenant will vacate the apartment. The sixty (60) day noticefrom Tenant to Landlord will begin on the first day of the month after thenotice is given. Because the Tenant wants to terminate the Lease early, theLandlord will suffer a loss. Therefore, Tenant agrees to pay Landlord two (2) months’rent. If the sum equal to (2) two months’ rent is not given to Landlord at thetime Tenant gives notice to early terminate of the Lease, then Landlord has theright to not agree with the early termination of the Lease and can requireTenant to comply with the terms of the Lease. Tenant shall continue to paymonthly rent when due on owning in addition to the aforementioned Lease breakpenalty, until tenant vacates the premises. “[/SIZE]
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It's an option to NOT being held liable for rent for the remainder of the lease term. You follow the datelines for giving your notice, continue to pay your rent as usual until you vacate and pay an early termination fee of 2 months rent to release you from all further rent obligations.
It is a very clear statement that will release you from your lease if you do exactly as described. Keep in mind that your notice starts when you give it prior to the first of the month. That means is you give notice on the 16th, than the time frame of 60 days starts on the next 1st of the month and doesn't start the same day.
Make sure you give notice by certified mail. We have a similar clause but not described as above and we don't require the 60 days notice. We just charge 2 month rent which also means per the next payment date. Which excludes to count the rent already paid and doesn't incl. to use security deposit.
We just had it with a tenant who had rental property remorse after 2 months and instead chose to tell us that we could use her last month rent and security deposit for the 2 month rent...and she told us after she failed to pay rent for May so we started eviction procedures and we are waiting for the sheriff's office to confirm the writ of possession that was filed and she will be out this month. This tenant stated it was cheaper to stop paying than paying 2 month rent...well now she will have to deal with an eviction on her record for years to come and also for her husband and her mom who are all on the lease.
If you do as stated than you can/should request a paper stating you have fulfilled the obligations of your lease and you are entitled to receive your security deposit back after leaving the place in good condition and keys returned. We have provided that in many cases when people had to break the lease for whatever personal reason and owners don't mind so much if tenants are handling it the way they agreed when signing the lease.
I don't read it that way. The sentence stating 'the landlord has the right to not agree to agree to the early termination and can require tenant to comply with the terms of the lease'
I don't read it that way. The sentence stating 'the landlord has the right to not agree to agree to the early termination and can require tenant to comply with the terms of the lease'
No; that full sentence states "If the sum equal to (2) two months’ rent is not given to Landlord at the time Tenant gives notice to early terminate of the Lease, then Landlord has the right to not agree with the early termination of the Lease and can require Tenant to comply with the terms of the Lease."
So if the tenant doesn't pay the lease break fee upon supplying the notice to terminate the lease early, then the LL can agree to not allow the early termination. If the tenant pays the fee and continues to pay rent until the date specified to vacate, they are good to go.
I need to break my lease early and was thinking of using the early term clause.
What I'm reading sounds outrageous and likely unenforceable in Court (if it came to that).
Your LL wants to have it all his way.
The biggest issue is requiring the fee IN ADVANCE OF actually vacating.
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I'm wondering if after reading this clause in the lease, do you think the landlord
will chase the remaining balance or is the matter considered closed after paying the fee?
It sounds like he believes he has the right to... which is not a good sign.
Most landlords are more than happy to receive that 2 month lease break fee since that gives them time to find a new tenant and tenants will be leaving without stress and even though they may wish they could walk away without any cost this is a great option to get out of your lease and cut your loses in a decent way. After all the tenant wants out...what if a landlord wants to move back for whatever reason, they can't kick a tenant out and all they can do is try to negotiate with a tenant and see if they can get to an understanding or wait until the lease is over.
What I'm reading sounds outrageous and likely unenforceable in Court (if it came to that).
Your LL wants to have it all his way.
The biggest issue is requiring the fee IN ADVANCE OF actually vacating.
It sounds like he believes he has the right to... which is not a good sign.
It is in all our realtor leases and prepared by lawyers according to Florida law it is a reasonable fee and will hold up in a court of law. Btw our leases have the option to choose when a tenant will sign the lease to choose the lease break fee in case of breaking the lease or being liable for the entire lease and see if the owner is able to get a replacement tenant and all of the tenants choose upfront the 2 month since that usually is the cheapest and if it is close to the end of the lease end date than it is better to fulfill the lease.
Keep in mind no tenant has or is forced to break a lease...it is their choice for whatever reason that may be. If they are a military person and are send to active duty they don't have to pay the fee....but that is not applicable in the OP's question and if it was it needs to be proven by an official authentic letter...not a fake one as we once had.
Most landlords are more than happy to receive that 2 month lease break fee
since that gives them (two months of rent paid) time to find a new tenant...
And if they have the first clue about what they're doing... that gives them a six weeks bonus.
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...and tenants will be leaving without stress...
The certainty of a fixed amount does have value and merit.
Sometimes there is even a financial benefit to the tenant as well.
Not often... but sometimes.
OP, what city/state are you in? The landlord might not even have the right to an early termination clause. I'm going to wait to find out where you are before I even read it, in order to give you a helpful response.
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