is this legal?

This is a discussion on is this legal? within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; To make this short and simple. I live in a managed apartment complex. My lease ends on March 31st. My ...

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Old Nov 17th, 2008, 05:28 PM   #1
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Confused is this legal?

To make this short and simple. I live in a managed apartment complex. My lease ends on March 31st. My job relocated unexpectedly several cities away from where I am located. I sent in a 30 days notice of intent to vacate the property earlier. According to the contract it states I am to pay the next months rent. I have a half months rent down for a security deposit. (this is in the contract) I called there today and asked what they needed because the end of the month is coming soon they stated I have a few options.. I was rather confused since I was told that I am to pay the next months rent.. But either way here are my options:

1. Turn in the keys pay nothing have my credit ruined.
2. Turn in the keys pay $240 dollars still have my credit marked like number 1 option.
3. Pay them one months rent, plus 50 administrative fee and $15.00 for every month early I am breaking my lease.

I haven't heard or read anything at all about option 3. I am confused on how they can even get away with option 2 and number one is pretty obvious... but why would I pay 240 and still have my credit ruined. I asked them if I could make the number 3 option in a 2 month installment. They stated sure but they will still report to the state that i terminated my lease agreement with lease abandonment.

HOW IS ANY OF THIS FAIR? I am completely confused since I have to be out on the 28th per there paper... I though we had a full 30 days? THey are cutting that amount by 2 days.. how is that even legal also?

PLEASE HELP! PLEASE!
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Old Nov 18th, 2008, 01:39 PM   #2
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Default Re: is this legal?

Let me explain the options and ask some questions.

Option 1 is obvious. You signed a lease and now want to break it. Changing jobs or job locations is not reason to break a lease.

Option 2: Is $240 half of your rent? (So that amount, plus your deposit, would equal the month of rent for early termination fee that they list in the lease?) If so, they are saying that you may still owe them money (since you would be using your deposit as the lease break fee, there would be no money left to pay for any damages to the unit.) If you left any damages, you would still owe them that amount. Failure to pay those fees could damage your credit. LL's don't want you to use the deposit for rent or termination fees.

Option 3: The one month rent is the termination fee to be able to break your lease (included in your contract.) The administrtive fee is to draw up the termination forms and do the bookkeeping required to change the end dates in their computer system, plus to advertise the unit to find a new tenant. The $15 is probably (although I can't be sure) a discount you recieved for signing a year's lease instead of a month to month agreement. You would need to pay back any discount you received since you are attempting to convert your lease to a month to month contract.

What does your lease say about early termination? It lists the lease break fee, but does it list the administrative fee or a clause saying you must repay and discount or special move in offer your received? Also, what state are you in? (Makes a difference per the state laws.)
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