In July, my wife and I extended our lease another year effective August 1, she has taken a job out of state and we must move. We notified our leasing office on July 29 that we will be vacating at the end of August. As a penalty for breaking our lease, they want us to pay September, October and November's rent. Do we have a legal leg to stand on since we notified them of our intention to leave BEFORE our new lease took effect and 30 days before we intended to move out? It was a great place and they were good landlords, but I think the penalty they want to put on us is a bit excessive. Any advice?
2006-07-31 09:57:40 · 9 answers · asked by gilby_33 2 in Business & Finance ➔ Renting & Real Estate
Re-read the current lease and the extended lease. Did you sign the extended lease already. If so then you have shown intent to honor that. I would also contact a lawyer as laws in each area are different around this. Is there a clause that lets you out early. What does the "new" lease say about breaking the lease and how much lead time you need to give them?
2006-07-31 10:01:08 · answer #1 · answered by Taztug 5 · 0⤊ 0⤋
It is likely that the lease extension states that you will abide by certain terms and conditions from Aug 1, 06 to July 31, 07. There is likely a penalty clause in the lease as well.
It sounds like the landlord is pushing the maximum penalty for you leaving. If you were required to give 30 days notice under the lease, the best bet is to go negotiate with the landlord for some relief.
If that fails, contact a lawyer and see if they can help.
2006-07-31 17:03:04 · answer #2 · answered by odu83 7 · 0⤊ 0⤋
If you signed the new lease, even if it was before the old lease expired, the new one takes the place of the old one. As far as charging you for the future months, that is called "escalation" and is excessive. You cannot collect rent from more than one party for any given month-in other words, the place has to stay vacant if they do add these future months to your lease. Have neighbors watch to see if they move someone in and have them "adjust" the charges they are placing on your collection account. This is law in TX, not sure where you are.
2006-07-31 18:52:30 · answer #3 · answered by educated guess 5 · 0⤊ 0⤋
They can sue you for the rest of the lease, but no court would award it to them (it's mostly just there as a threat). They'll definitely keep your security deposit though.
Maybe you can avoid the problem by having someone else stay there for the remainder of the lease, & pay rent through you? (you'd basically be sub-letting it, which may be allowed by your landlord, but if not you'd probably have to do it without them knowing)
2006-07-31 17:03:21 · answer #4 · answered by Zak 1 · 0⤊ 0⤋
Read your lease. It will list all acceptable reasons for breaking the lease. Normally all out of commuting distance moves are legitimate reasons for breaking a lease. Prove to them you are moving out of commuting distance and they should refund your money. However, again, read your lease. maybe it isn't in yours.
2006-07-31 17:03:01 · answer #5 · answered by J Somethingorother 6 · 0⤊ 0⤋
Read the terms as stated in your lease and find out.
2006-07-31 17:01:24 · answer #6 · answered by Christina 7 · 0⤊ 0⤋
Yes they can and will but usually if they can rent it right away you are out of the lease find someone to rent it
2006-07-31 17:03:17 · answer #7 · answered by g-day mate 5 · 0⤊ 0⤋
You need to pull out your lease and look for any "loop holes". Unfortunately, you've already played your hand and told them your situation. It's going to be VERY hard to arrange anything else at this point.
2006-07-31 17:02:14 · answer #8 · answered by Smoothie 5 · 0⤊ 0⤋
Here's you laws for tenants http://www.uslandlord.com/ they also have legal resources and much more.
Go to Laws & Statutes and then your state.
2006-08-01 12:19:23 · answer #9 · answered by Anonymous · 0⤊ 0⤋