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Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc.

Can they do this?

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Old Sep 28th, 2008, 08:24 AM     #1
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Confused Can they do this?

We want to get out of our lease agreement one month in advance as we have a better work oppertunity in another town. We did the right thing and contacted the estate agent and told her of our intention. She said we are not allowed to, but there is no clause in our contract that states we have or have not to give notice. Our lease agreement wasn't even signed by witnesses. Can we give notice? Can they keep the deposit we have paid?
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Old Sep 28th, 2008, 11:02 AM     #2
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Default Re: Can they do this?

Notice requirements are state law and do not have to be included in a term lease. You are not to terminate prior to the end of the lease if no provision is made for early termination within the context of that lease. Further, a change in employment is not a sufficient reason to break a legal contract. If you do n ot pay for the last month of the lease, they can keep the deposit (by sending proper accounting of this to you.) If you also have damages to the unit, and the deposit doesn't cover both unpaid rent and damages, they can sue you for the remaining money due. This monetary judgement will go on your credit report and affect your credit score. I suggest you pay the last month of the rent. If the unit is re-rented within that month, you will be due a refund of the prorated rent when the unit is occupied by another tenant.
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