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No fees listed in "termination" section of lease but office wants me to pay

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  • goddessoflubboc
    replied
    Re: No fees listed in "termination" section of lease but office wants me to pay

    You could've risked the odds and be left paying for the rest of the term. Move on.

    Leave a comment:


  • Disagreeable
    replied
    Re: No fees listed in "termination" section of lease but office wants me to pay

    You agreed to a penalty for breaking the lease. You owe it. The landlord is now risking the new tenant being a non pay. Your penalty will cover his losses while he gets such a tenant out. That is likely how he arrived at that number.

    Leave a comment:


  • MUKOSIKU
    replied
    Re: No fees listed in "termination" section of lease but office wants me to pay

    I am a commercial tenant and recently gave three months notice to vacate the leased property citing business viability challenges. The landlord agreed subject to me paying the three months rent before vacating even though the lease had another two years to run. The above was not in the lease and was agreed to verbally.

    However, soon after I had given notice ,the landlord secured another tenant who was eager and duly took occupation at the onset of the second month of the notice.

    The issue here is ,am I still entitled to pay the rent for the two months which I can call termination fees/penalty .This is because the landlord is aware of my business viability challenges and has not suffered any economic loss or rent because of the new tenant. I was responsible for marketing the property on behalf of the landlord up to the time of securing a the replacement tenant.

    Leave a comment:


  • puzzled tenant
    replied
    Re: No fees listed in "termination" section of lease but office wants me to pay

    Thank you both for your responses!!!

    I guess I'll have to pay. I just wanted to make sure since it wasn't listed on the lease.

    Again, thanks for your time!! Glad I found this site before I started a ruckus

    Leave a comment:


  • sandyclaus
    replied
    Re: No fees listed in "termination" section of lease but office wants me to pay

    Originally posted by puzzled tenant View Post
    I live in an apartment complex in Annandale VA and am considering terminating the lease early.

    I read through the lease and all that was listed was a 60 notice to the office prior termination. However, when I called the office they told me that they require 2 months worth of rent as well as the difference between the market value and the "discounted" rent amount I was paying for the months I had stayed in the property.

    Since none of this is listed on the lease agreement I signed, am I subject to these fees? I asked the rental office and they said "yes" because by signing the lease I am making a commitment to stay for 1 year. However, shouldn't I have signed something to say that if I broke the agreement I would be liable for these fees?

    It just doesn't seem right that I signed a document that was "implied" with these fees when none of them are listed under the "termination" section.
    When you signed your lease, it was a legally binding contract that tied you to the property for a year. Most leases do not address the possibility that the tenant may choose to terminate their tenancy early. The law addresses this issue, however, and requires that the tenant remain liable for any unpaid rent under the lease until its expiration, or until a replacement tenant can be found. VA law recognizes that the LL has a duty to mitigate their losses by making reasonable efforts to re-rent the unit as soon as possible.

    In some leases, a LL does allow for an early termination and includes a clause to provide for liquidated damages by having the tenant pay a flat fee, usually the equivalent of anywhere between 1-3 months' worth of rent. Payment of the fee, along with a signed release, releases the tenant from any further obligation under the lease until the new tenant replaces them.

    So, it seems you have a decision to make. It's an either/or situation - either you pay the fee they're asking OR you remain liable for rent for as many months as it takes until your lease expires, or the LL finds that new tenant. Depending on the rental unit, it can take anywhere from a couple of weeks to several months to replace you. If you pay the fee, you're off the hook, but might end up paying more if the LL finds a new tenant right away. If you don't, you still have to pay the rent, but if it takes more than that 2 months to find a tenant, you'll STILL be liable for it.

    The other consideration is that you received a rent reduction in exchange for signing a year-long lease. It's true that since you are not fulfilling the terms of the lease, the LL can legally demand that you pay back the difference between the discounted rent you got under your contract and the regular rate you would have otherwise paid.

    Leave a comment:


  • AFFA
    replied
    Re: No fees listed in "termination" section of lease but office wants me to pay

    I wish to inform you that your lease is a fixed term lease with a tenor of one year. If you leave early, you will breach the agreement. You will be liable to pay the damages incurred by the landlord on account of breach of agreement by you. You will be paying the rent till one year time period is over or a new tenant leases the premises at at least the rent you are paying, which ever is earlier. However, it is the duty of the landlord to mitigate the damages by leasing the premises to a new tenant as soon as possible.

    AFF

    Leave a comment:


  • No fees listed in "termination" section of lease but office wants me to pay

    I live in an apartment complex in Annandale VA and am considering terminating the lease early.

    I read through the lease and all that was listed was a 60 notice to the office prior termination. However, when I called the office they told me that they require 2 months worth of rent as well as the difference between the market value and the "discounted" rent amount I was paying for the months I had stayed in the property.

    Since none of this is listed on the lease agreement I signed, am I subject to these fees? I asked the rental office and they said "yes" because by signing the lease I am making a commitment to stay for 1 year. However, shouldn't I have signed something to say that if I broke the agreement I would be liable for these fees?

    It just doesn't seem right that I signed a document that was "implied" with these fees when none of them are listed under the "termination" section.
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