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View Full Version : Help needed, breaking rental lease


Easy Mac
10-29-2007, 09:29 PM
So 2 weeks ago I lost my job. My wife has found a potential new job in another city, much better pay and a better job. We're looking to move around the end of next month.

We're looking to get out of our lease, but the terms for cancellation seem a little confusing. Anyone have any idea what its saying?

28. TERMINATION OF A LEASE. If Tenant does not fulfill the entire term stated in this Lease, the Tenant and the Landlord agree that the Landlord shall have the right and be entitled to collect as liquidated damages an amount equal to two (2) months rent, a sum that the parties to this Lease Agreement agree is a reasonable measure of compensation for the probable actual damages resulting from such nonperformance. The amount specified herein as liquidated damages is completely separate from any amount the Landlord may be entitled to under this Agreement by reason of damage to the premises by the Tenant, his family, guests or agents. If premises are re-rented, the Tenant realizes that he is not entitled to any refund.


29. REMEDY AFTER TERMINATION: If the rental agreement is terminated, the Landlord has a right to possession, for rent, and a separate claim for actual damages for breach of the rental agreement, reasonable attorney’s fees, collection costs, and court costs.


Now, I see the two months rent, thats fine, but how does item #29 fit in with this. We plan on giving notice as required by law, but we're trying to figure out if the obligation stops with 2 months rent or if it is more than that? If anyone can help, it would be greatly appreciated.

RPI-Fan
10-29-2007, 10:06 PM
As long as you give appropriate legal notice, it looks like only #28 applies (NOTE: TOTALLY UNOFFICIAL UNEDUCATED OPINION)...

molson
10-29-2007, 10:14 PM
2 Months rent covers the "actual damages" in section 29 when it comes to the specific breach of not fulfilling the entire term. They're reserving their right to sue for reasonable attorney's fees, collection costs, courts costs, and any OTHER breach of the contract (like damaging the walls or something). None of which are expenses that the landlord will have for a situation like this, so I think you're fine.

Rizon
10-29-2007, 10:46 PM
As long as you give appropriate legal notice, it looks like only #28 applies (NOTE: TOTALLY UNOFFICIAL UNEDUCATED OPINION)...

QFT

RendeR
10-30-2007, 01:40 AM
What they said, as long as you talk with the landlord/leasing company and explain what is going on and give your notice in writing and your rent is paid up to and including the extra 2 months to cover breaking of the lease by your choice, then you souldn't have any other issues.

lines like 29 are there to cover their ass in cases where someone leases an apartment, wrecks the thing and then never pays rent again and bails out.

They then have legal standing to charge every cost under the sun to those people in court.

Eaglesfan27
10-30-2007, 08:20 AM
Also, maybe I've just been lucky, but I've had to break leases twice and I explained the exact reasons to the landlord and in both cases they only charged me 1 extra month of rent after I moved out as they had tenants lined up for both places after that time period.