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Junior Member
Last Online:
05-05-2008 11:24 PM Join Date: May 2008
Posts: 1
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This is my first time posting. Your indulgence is appreciated.
Part of the lease follows. This is the wording of the lease between my tenant and me. FIXED-TERM AGREEMENT (LEASE) - tenant agrees to rent this dwelling for a fixed term of twelve (12) months, beginning _September 1, 2007_ and ending _August 31, 2008_. She has vacated and not paid rent since March and writes: "An occupant may terminate any (at will tenancy)* by a written 30-day notice or in accordance with any notice requirement of a written rental agreement." The Lease also has two sections (toward the end of the lease): CHANGES IN TERMS OF TENANCY- Owner shall advise Tenant of any change in terms of tenancy with advance notice of at least 30 days. Changes may include rent adjustments, or other reasonable change in the terms of this Agreement. Owner shall advise Tenant of any notice of termination with advance notice of at least 30 or more days after the term of the tenancy has been met. and NOTICE OF INTENTION TO VACATE- Tenant has decided to vacate the premises, she will give Owner written notice of her intention at least 30 days prior to her departure, and she will give an exact date when she expects to be moved out completely. It was my understanding that the NOTICE OF INTENTION TO VACATE follows/is in effect after the lease terms (dates) are met. This is the third lease with this tenant and the lease each time is written for a year in length. As I see it she has broken the lease and there is a section which states: PENALTY FOR BREAKING LEASE- Tenant breaks the lease, Tenant will pay one-half (1/2) of a month's rent 30 days prior to move out. Tenant also responsible for any lost rent. She has referred to this as an *'at will tenancy'? Wouldn't that be in the lease if it were? At no point is this term used in the lease agreement. Is not this a fixed-term agreement (lease)? Is she responsible for the term of the lease? There is no reason for her moving except that she has chosen to do so to be with her new boyfriend. This also takes her further from her work site by @ three to four times the distance or an hour+ vs. 15 minutes. I view this as a choice on her part and not a necessity, and therefore she would be responsible for the rent thru August 31, 2008. Your comments are welcome, and thank you. |
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