Lease termination...do I owe the landlord?

This is a discussion on Lease termination...do I owe the landlord? within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; There is no early termination clause in my lease only this: “The lease shall be terminated on not less than ...

Consult Your Own Personal Lawyer Now!
Reply  POST NEW QUESTION

 

Thread Tools Search this Thread Rate Thread Display Modes
Old Jan 18th, 2013, 09:26 PM   #1
Junior Member
Country:  
whattodo's Flag is: United States
 

whattodo's Avatar
 
Join Date: Jan 2013
Posts: 3

Default Lease termination...do I owe the landlord?

There is no early termination clause in my lease only this: “The lease shall be terminated on not less than 30 days’ written notice served by either Lessor or Lessee on the other party.” stated at the end of the written lease. The first paragraph of the lease states “Lessor leases to Lessee for a period of twenty-four (24 months)” with a begin and end date. I’ve decided to move out-of-state with 9 months still left on my lease. My landlord says great but that I owe him for nine months as I agreed to be a renter for 24 months. He says I have the right to terminate the lease but that doesn’t give me the right to not abide by the 24 month agreement…help? I'm in Nevada.
whattodo is offline   Reply With Quote
Sponsored Links
Forming an off-shore company? We can assist you in forming your company in 40 countries worldwide.
Old Jan 18th, 2013, 09:52 PM   #2
Top Level Member
Country:  
Disagreeable's Flag is: United States
 

Disagreeable's Avatar
 
Join Date: Oct 2012
Posts: 9,440

Default Re: Lease termination...do I owe the landlord?

Sounds like he is correct. If you dispute it, pay a local attorney to review it.
Disagreeable is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Jan 19th, 2013, 10:29 AM   #3
Top Level Member
 
AFFA's Avatar
 
Join Date: Dec 2009
Posts: 17,697

Default Re: Lease termination...do I owe the landlord?

I wish to inform you that you are on a fixed term lease for 24 months and it would be a breach of contract to terminate it early. You may negotiate a release from the landlord. If a release cannot be worked out then you will have to compensate the damages on account of breach of contract to the landlord. The landlord cannot profit from the transaction. It is the duty of the landlord to mitigate the damages and to re-rent the premises as soon as possible.

AFF
AFFA is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Jan 19th, 2013, 10:43 AM   #4
Top Level Member
Country:  
Friend In Court's Flag is: United States
 
Friend In Court's Avatar
 
Join Date: Apr 2011
Location: Florida
Posts: 12,885

Default Re: Lease termination...do I owe the landlord?

The landlord may hold you for the full term of the lease. HOWEVER, he must make a good faith effort to re rent the premises and mitigate his damages. Ordinarily, a couple of months is time enough for him to find a new tenant. But you could be held for at least a few months rent.
Friend In Court is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Jan 19th, 2013, 09:39 PM   #5
Junior Member
Country:  
whattodo's Flag is: United States
 

whattodo's Avatar
 
Join Date: Jan 2013
Posts: 3

Default Re: Lease termination...do I owe the landlord?

I moved out a few days ago. The landlord contacted me today and says he has someone qualified (ok credit & employment check) to rent the house except they can't move in until March 1, 45 days after I moved out. He's trying to now say I owe 1.5 month's rent and also won't give me back my deposit money unless I pay him the 45 days of rent. It's cheaper for me to forfeit the deposit since I'm already out of state. What can he do, haul me into court?
whattodo is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Jan 19th, 2013, 11:19 PM   #6
Top Level Member
Country:  
Disagreeable's Flag is: United States
 

Disagreeable's Avatar
 
Join Date: Oct 2012
Posts: 9,440

Default Re: Lease termination...do I owe the landlord?

Yes. He can haul you into court for the 45 days rent and damages, less your deposit.
Disagreeable is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Jan 20th, 2013, 04:48 AM   #7
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Re: Lease termination...do I owe the landlord?

Quote:
Originally Posted by whattodo View Post
I moved out a few days ago. The landlord contacted me today and says he has someone qualified (ok credit & employment check) to rent the house except they can't move in until March 1, 45 days after I moved out. He's trying to now say I owe 1.5 month's rent and also won't give me back my deposit money unless I pay him the 45 days of rent. It's cheaper for me to forfeit the deposit since I'm already out of state. What can he do, haul me into court?
Pay the 1.5 months rent and count yourself lucky. You could pay much much more if you end up in court!!!!

If you get a fast court date, the deposit money might be held hostage because your LL can take YOU to court and the judge is likely to say rent can be taken out of the deposit money, plus you may end up owing more than 1.5 months worth of rent, plus legal fees. PAY THE RENT THAT IS OWED, then the LL will settle up and you can all avoid going to court.
  Reply With Quote

Did you find this post helpful? Yes | No
Old Jan 20th, 2013, 09:06 AM   #8
Top Level Member
Country:  
gail in georgia's Flag is: United States
 

gail in georgia's Avatar
 
Join Date: Sep 2012
Posts: 528

Default Re: Lease termination...do I owe the landlord?

In addition, court judgements often end up on ones credit history, causing issues for years down the line when one desires to rerent, make large purchases, pay utility deposits, etc..

Most don't realize this consequence when they think about running out of a contract.

Gail
gail in georgia is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Jan 21st, 2013, 12:46 PM   #9
Junior Member
Country:  
whattodo's Flag is: United States
 

whattodo's Avatar
 
Join Date: Jan 2013
Posts: 3

Default Re: Lease termination...do I owe the landlord?

Do appreciate all the responses. I still have the one question of why is there a clause in the rental agreement stating I can terminate the lease with a 30-day notice? Why doesn't this terminate everything? I mean, it terminates the lease, right? I feel that if something is terminated, it's dead...no action on either side required other than the landlord sending me my deposit as I left the place in great shape.

And then, I see this in the lease: "If at any time during the term of this Agreement Lessee abandons the Premises or any part thereof, Lessor may, at Lessor's option, obtain possession of the Premises in the manner provided by law, and without becoming liable to Lessee for damages or for any payment of any kind whatever. Lessor may, at Lessor's discretion, as agent for Lessee, relet the Premises, or any part thereof, for the whole or any part thereof, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting, and, at Lessor's option, hold Lessee liable for any difference between the rent that would have been payable under this Agreement during the balance of the unexpired term, if this Agreement had continued in force, and the net rent for such period realized by Lessor by means of such reletting. If Lessor's right of reentry is exercised following abandonment of the Premises by Lessee, then Lessor shall consider any personal property belonging to Lessee and left on the Premises to also have been abandoned, in which case Lessor may dispose of all such personal property in any manner Lessor shall deem proper and Lessor is hereby relieved of all liability for doing so."

I didn't abandon the lease did I? I terminated it properly in writing.
whattodo is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Jan 21st, 2013, 01:08 PM   #10
Top Level Member
Country:  
Friend In Court's Flag is: United States
 
Friend In Court's Avatar
 
Join Date: Apr 2011
Location: Florida
Posts: 12,885

Default Re: Lease termination...do I owe the landlord?

Quote:
Originally Posted by whattodo View Post
I moved out a few days ago. The landlord contacted me today and says he has someone qualified (ok credit & employment check) to rent the house except they can't move in until March 1, 45 days after I moved out. He's trying to now say I owe 1.5 month's rent and also won't give me back my deposit money unless I pay him the 45 days of rent. It's cheaper for me to forfeit the deposit since I'm already out of state. What can he do, haul me into court?
You owe the 45 days rent. Be glad he rented it so quickly or else you would be responsible for the entire term of the lease.

No, he can't haul you into court since you are out of state. But what he CAN do is not give you a good reference for your next landlord.
Friend In Court is offline   Reply With Quote

Did you find this post helpful? Yes | No
Reply

Bookmark & Share

This thread has 9 replies and has been viewed 795 times

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:


Posting Rules
You may not post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
WA State: Lease agreement provision for early termination by landlord Stilgar Landlord vs Tenant Issues 2 Jan 6th, 2014 03:18 PM
Indiana - fixed term lease, landlord says we owe more because proper notice not given megamawax Landlord vs Tenant Issues 14 Jun 16th, 2013 08:11 PM
Poorly written lease, termination clause, Landlord wants to change Lapoltba Landlord vs Tenant Issues 2 Nov 8th, 2010 08:59 AM
Termination of Lease by Landlord - Do I owe? thelastblake Landlord vs Tenant Issues 10 Apr 29th, 2010 02:31 PM
Lease termination: I had a question as the landlord. lindsaymorris35 Landlord vs Tenant Issues 1 Mar 10th, 2009 10:13 AM


Forming an off-shore company? We can assist you in forming your company in 40 countries worldwide.


All times are GMT -5. The time now is 08:52 AM.