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I recently got a new job in a new city and now I'm moving. My lease states I need to give 60 days notice (which I have done) and pay back my concession. I am already paying for Oct. and Nov., but now their paperwork states that I will need to pay a lease break fee of an additional month's rent.
I looked through my lease and no where is this fee mentioned.
My question is, if it's not in the lease agreement, can the landlord make me pay it?
The terms of early termination are stated in the lease, 60 days gives
the LL ample time to find a replacement, but it can be difficult in an
occupied unit. Rule of thumb in rental business is never show an
apartment until its move in ready and it will take time to prepare
the unit for the next tenant after move out. Legally he can charge
rent until the new tenants signs their lease.
A case like that was on Judge Pirro this week and she ruled that the tenant had to pay the lease break fee, but no additional rent since the place was immediately rented again, otherwise it was both.
Location: Tweakerville (aka Sh**ty Heights), San Diego, CA
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If you're new job is 50 miles or more from where you currently live, I think your landlord is obligated to let you out of your lease early. That happens to a lot of military, and I don't think they're held to a lease.
A case like that was on Judge Pirro this week and she ruled that the tenant had to pay the lease break fee, but no additional rent since the place was immediately rented again, otherwise it was both.
Well a lease break fee is to break your lease with no further obligation. If you still had to pay rent and pay for the broken lease, why would you break it? Instead of just disappearing and getting evicted, or just paying the remainder of the lease while leaving the apartment empty?
Well a lease break fee is to break your lease with no further obligation. If you still had to pay rent and pay for the broken lease, why would you break it? Instead of just disappearing and getting evicted, or just paying the remainder of the lease while leaving the apartment empty?
Lease break fees don't just clear you off further responsibility....it might be that you are liable till a new tenant moves in...every contract can be different.
If you're new job is 50 miles or more from where you currently live, I think your landlord is obligated to let you out of your lease early. That happens to a lot of military, and I don't think they're held to a lease.
This is only for military who have to move because of orders.
The lease break fee might have been mentioned in another document incorporated into the lease such as a "tenant handbook".
Only military moving is eligible for breaking a lease, but still like 2 months have to be paid. Proof needs to be provided and I don't think that signing up during your lease, for military service will work...you have to be in the military at the time of your lease.
The only tenant I had to go to court for was a veteran. He claimed his rent was coming from his VA due to his injury, but he was actually a person who always lied and in the end vanished and now has a judgment against him and his wife! ...
He probably doesn't care about the judgment, but maybe in the future when he needs a better job than holding signs next to the road, he might want to get rid of the judgment...
To bentlebee. You should read up on your military laws if you are going to give advice about them. It states that military members are allowed to break their lease due to orders and the whole thing about 2 months rent is ridiculous. The member does however have to give a written 30 day notice. Also you should look up the saliors and soliders act that states that if you sign up for active duty during a lease the lease can be broken and nothing is to be paid but the rent for which it was occupied by the "new member". Best regards, A military member!!!
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