Can someone translate this legal/contract jargon into simple terms for me?

Question

I'm looking at my apartment lease, because I'm curious as to what would happen to me in the event of an eviction. I just want to know if I have to pay them, even after I'm evicted, and how much.

"In the event Landlord shall elect to so terminate this lease, then landlord may recover from tenant all minimum annual rental which is required to be paid by this lease for the entire term less the amount of such rental loss tenant proves could have been reasonably avoided by landlord together with any other amount necessary to compensate landlord for all the detriment proximately caused by tenant's failure to perform its obligations under this lease or which in the ordinary course of things would be likely to result therefrom and together with such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable law."

Answer 1

Essentially what it says is that in the event of your eviction by the landlord, the landlord claims the right to charge you for all of the months rent remaining under the lease.

His attorney also is saying that if he is able to re rent the apartment during the remaining months of the lease that he will deduct the amount of the rent that he receives from the new tenant from the amount of money that he says that you owe him..

His attorney is also saying that you will also be liable for all of his costs associted with your eviction.such as attorney fees, court costs and the like.

Answer 2

Basically, in the case of an eviction, you have to pay all the rent you owed that you have not paid. It also means you may owe the rest of the amount due of the leasing agreement. Say you sign a year long lease, and are evicted after 4 months. You still owe 8 months of rent on the property.

If the landlord rents it to another person, your obligation ends. Such as after 2 of those 8 months, they get a new tenant, then you only owe those 2 months of rent.

The whole detriment proximately caused stuff basically means they can go after you for any fees they had for having to evict you. Those range from court filing fees, any attorney fees they paid, rekeying the locks, removing any items you left behind, and having the place professionally cleaned- to name a few.

You want to know if you will have to pay them, and how much. The answer is yes, and alot.

The simplest answer is this. Don't be late on your rent and you won't get evicted. Then, none of this will ever matter.

Answer 3

It's called a rent acceleration clause with duty to mitigate damages. I wouldn't be afraid of it because it's in every legitimate agreement from your credit card to your mortgage to your auto loan. Mitigation of damages is exactly what the other answerers said. He has a duty to look for other tenants anyway to minimize the financial damage to you. It's law.

What I don't like is the "Landlord shall elect to so terminate this lease." Depending on the state, a Landlord can only evict for cause, but it depends on the lease term and the dwelling. You should have the Landlord add "with justifiable cause." It should look like this: "Landlord shall elect to so terminate the lease for justifiable cause."

Answer 4

It says if the landlord evicts you for cause, he/she claims you have to pay the rent for the remainder of the lease. For example, if you are evicted after 2 months for failure to pay rent the landlord can charge you for the remaining 10 months (assuming a one-year lease).

With that type of language, I would look for another building.

Answer 5

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