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I am trying to get out of my lease to move into a new apartment. I had assumed, due to the language of my lease agreement that I would be able to do so if I gave 30 days notice.
Quote:
"2. Term: Term of the lease shall be for a term of 1 year beginning on the 1st day of March, 2008 and ending on Midnight of the 28th day of February, 2009. If Tenant remains in possession of the leased premises with the consent of the Landlord after the lease expiration date stated above, this Lease will renew for a term of 1 year thereafter. Each party shall have the right to terminate the Lease by giving at least one month's prior written notice to the other party."
The landlord is trying to tell me that the 30 days notice only applies to the yearly renewal of the lease. I understand what he is saying, but the language doesn't make that clear, and I would never have renewed if I thought I couldn't get out with 30 days notice.
I think the language clearly supports my interpretation. As long as I document my 30 day notice (certified mail, etc.) am I safe if he tries to bring action? If he tries to keep my deposit, would I likely be successful in getting it back thru small claims?
No, your landlord is right. That is saying terminate the lease. Not terminate the lease "early." So it is talking about the lease end. I don't know of anywhere where a tenant can just get out of a lease at any time with a 30 day notice with no penalty. What would the point of a 1 year lease be? You definitely shouldn't chance this one. The landlord can not only withhold your deposit, but also continue to charge you rent until a new resident moves in. Judges don't have much sympathy for people who break a lease in my experience.
You should contact a lawyer first, but I think it is not clear either. And because it is not clear, that means it is open to interpretation by a judge. If it is written in your lease exactly as you have posted, I would think it only takes 30 day notice at any point during the lease year too.
If it's supposed to be what he says, it should state "30 days prior to the end of the lease agreement. "
Either way, you should have checked this out beforehand. You should always know the exact consequences of ending your lease.
I would talk to the landlord about helping him find new renters. Maybe if you could find someone he agrees with it won't need to go to court. Maybe craigslist or some other classifieds where you could post for him (if he doesn't normally do that on his own.)
One exception, you can terminate with a 30 day notice during the lease if subsidised or section 8 housing has come available. Of course a landlord would check the validity.
The other exception would be a month to month basis, 30 day notice.
One other thing I'll add, should you try to apply with other rental companies, they'll do a check with your Landlord and find out you are still in a lease contract, this will narrow down your chances of finding someone thats willing to rent to you, it's a big red flag.
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