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

Lease cancel

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Old Nov 22nd, 2008, 11:01 AM     #11
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Default Re: Lease cancel

I wish you had told me and the other readers before that you had already signed the lease. Please ignore the advise given in the other post since it was based on the assumption that you had not yet signed.

You have signed a lease, taken possession, and altered the unit to suit your needs. You have a contract with the LL. You are obligated by the terms of the contract you signed.

Please post the exact wording of the early termination clause. Paying a termination penalty of "a month's rent in addition to their final month's rent" could easily be interpretted as ther following: You will pay the final month's rent that you live in or have possession of the unit as well as a penalty equal to one month's rent. That would mean that you could give notice now that you will leave at the end of December (you still have to give 30 days notice), pay for that final month of notice (December) and then pay for a penalty equal to one more month's rent. You could use the unit through December and be out December 31st. If there is no mention of other obligation under the early termination penalty, you are not obligated to advertise or find another tenant. If you choose to pay the penalty to be relieved from the obligations under your lease, you should get a signed release letter from the LL to relieve you from any other obligations from your lease.
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Old Dec 2nd, 2008, 02:37 AM     #12
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Default Re: Lease cancel

Hello Friend,
You can re-rent it perhaps, or you'll need to have very good reasons that justify breaking the lease if it is uninhabitable for you.
Gud Luck!!!!!


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Old Dec 2nd, 2008, 11:29 AM     #13
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Default Re: Lease cancel

Sorry Nathan, but there's no such thing as "very good reasons that justify breaking the lease". There are only a few approved reasons at all which allow anyone to break a lease without consequences. Being a service member deployed overseas or reassigned to another service area is a federal exemption. In a few places, being a victim of domestic violence and having fear of your life (a protection order against the perpetrator) can be a reason to terminate without penalty. You can terminate a lease if the unit becomes truely uninhabitable (such as a fire or damage to the premises) that the LL cannot or will not repair - but in cases of needed repair you must go through the process of notifying him or needed repairs in writing, waiting the required rewpair period, and in some states availing yourself of all other legal remedies. You may need to have the place declared condemned or ininhabitable by a city inspector. The last one is to have some disability covered by the ADA and the LL cannot or will not allow you to make accomodations to your unit to allow you to continue to live there. These are the only accepted reasons. Not acceptable reasons to break a lease: change of job, divorce, crime or noise in an neighborhood, being unemployed, buying a house, sick family member, etc.
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