It is my understanding that a landlord can only charge for damages and lost rent as a result of breaking a lease. I paid for April rent (april 1-30), got new job in new city and had to break lease. I gave notice on april 10, moved out april 15, Apt found a replacement tenant who moved in april 30. They are not out any lost rent monies, but want to charge $1000 insufficient notice fee. Is this legal?
2007-05-05 14:59:46 · 10 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
I'd take a look at contract, but don't expect to get any deposit back if you broke the lease,,
they could take you to court to make you pay the remainder of the lease..
2007-05-05 15:02:43 · answer #1 · answered by Jo Blo 6 · 0⤊ 0⤋
How long was your lease for? As I understand, if you have a 6 month lease and leave after 3, you owe him for the remainder and yes even if he rents the apartment out to someone else righ away.. Each state is diffrent.... He cannot charge you a fee for breaking a lease.. but you may be required to pay the remainding of the lease.
It is not true, if he makes a unreasnable "illegal" lease. Say.. anything that is illegal he cannot hold you resonsable for it.
Say.. Lease is for you only and you have a baby, and it says if you have any children, you will owe him him $1,000,000 if you break this "rule" That is illegal..
2007-05-05 15:04:31 · answer #2 · answered by Jennifer @---'--,---- 3 · 0⤊ 0⤋
The first question is, did the lease provide for this penalty as "liquidated damages," and did you sign in voluntarily? The second question is, did the new tenant sign a lease for the same or higher rent?
In Massachusetts, at least, the landlord would be able to recover his costs (advertising, broker fees, etc.) and the rent lost.
2007-05-05 15:11:18 · answer #3 · answered by thylawyer 7 · 0⤊ 0⤋
Yes this is legal. The terms of the lease usually states that you must give "30" days notice and in writing. Your landlord was kind enough to break the lease without you paying for the remaining term of the year.
2007-05-05 15:06:25 · answer #4 · answered by Anonymous · 0⤊ 0⤋
if your state statues require in basic terms a 30 day word, the 60 day requirement on your hire could be seen an unlawful clause and unenforceable. State rules constantly take priority over language in a residual hire or apartment settlement. effects are no longer desperate via the language in a hire or via a landlord, yet via a choose. i've got generally seen genuine property settlement agreements state what a penalty could be and written interior the physique of the settlement and a choose completely disregards the penalty. Judges many times award in basic terms the "certainly damages" that has been incurred.
2017-01-09 13:51:02 · answer #5 · answered by ? 4 · 0⤊ 0⤋
Yes it is totally legal.remember your lease is a binding contract based on length of stay.ie.month to month,6 months,or 12months.Clauses in this contract states what is a acceptable time period to break a lease.Anything other than what is stated is a breach of contract.
Terry White
Basic3marketing group
http://groups.yahoo.com/group/Basic3marketing
2007-05-05 15:09:37 · answer #6 · answered by Anonymous · 0⤊ 0⤋
You need to look the rental laws for where your at and do some reerch. Every State is differnt. Then you need to contact a Attorny and ask advice; most will offer free consultation. Good luck!
2007-05-05 15:04:14 · answer #7 · answered by honeyb 4 · 0⤊ 0⤋
Yes, you are thinking about month to month, not a lease. You signed the contract, there isn't anything in there about other tenents.
2007-05-05 15:02:47 · answer #8 · answered by Anonymous · 1⤊ 0⤋
Read your lease. Whatever the lease they can do legally.
2007-05-05 15:02:52 · answer #9 · answered by ~ 4 · 0⤊ 0⤋
check local legislation......
you did create some havoc in the landlord's life. What if he couldn't have found someone else.
Suggest you move on and leave the past in the past.
2007-05-05 15:04:17 · answer #10 · answered by smiling_freds_biz_info 6 · 0⤊ 0⤋