RPA Tenant Rights Blog » Breaking Lease

Penalty for breaking a lease…

catherine — Thu, 08 Sep 2011 17:11:31 +0000

Hi, can someone plse advise. We originally signed a 1 yr lease and had every intention of staying for the full period, however, 4 months in we broke the lease due to purchasing a house. The rental contract states- Deposit – resident agrees to pay a deposit of xxxx to secure residents pledge of full compliance with the terms of this agreement. the depsoit may not be used by tenant to pay rent during the tenancy. At the end of the tenancy any damages or unpaid rent or charges will be repaired or paid for at resident’s expense with funds other than the security deposit. Termination states Resident agrees that termination by resident of this agreement prior to xxx regardless of cause will constitute a breach of the tenancy as agreed on pg 1 and all deposits shall be forfeited in favor of the owner as full liquidated damages at the owner’s option.

The landlord has decided to keep our full deposit ‘cos she can!! And not off-set the deposit money against damages or rent and has hit us for further charges for rent/damages (again most of this stuff was already there but I didn’t document it!!/replacement of carpet (which wasn’t our fault!) We are in dispute about that ‘cos there was a water leak due to the toilet ballcock breaking upstairs and small areas were damaged by water leakage which I showed her but now she claims she didn’t know anyting about the carpet damage and that it is pet urine!! Are Landlords allowed to keep the deposit without taking the other costs she has hit us with under Utah Law?

Thanks

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Roommate Breaking Lease

Tenant — Fri, 15 Apr 2011 04:05:33 +0000

My roommate and I signed a 12 month lease. At the end of 10 month my roommate has decided to break a lease because she does not have a job and cannot afford to pay rent. We have tried to the speak to the landlord to come up with an amicable solution but they are refusing to speak to us. I have even offered to rent their empty 1 bedroom apartment and sign another 12 month lease if they let us out of our first lease contract. I have a really good relationship with the property manager but my roommate does not. She does not care if the landlord puts this on our credit report. My question is since my roommate is breaking lease – I have no problem paying my portion of the rent – why doesn’t the landlord simply go after her?

I am trying to work out a solution but the property manager notified me that the landlords don’t want to speak to me. What can I do in this situation? If I also move out when my roommate moves out. Can they report this to the credit bureaus without even trying to resolve this amicably?

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Breaking a Lease

Robin L Adams — Sat, 19 Mar 2011 13:50:53 +0000

Because of permanent financial emergency, I needed to move out of my apt 2 months prior to the end of my lease. I gave two months security ($2400) which I assumed I would lose and that is fine. My previous landlords are charging me the following: Breach of contract $2400, Carpet cleaning $50, Advertising $447 and Loss of rent (2 mos) $1400. Total charges $4297.00. I believe they can only charge me for EXTREME damages (which there were none) and not for items which they would have to do if I finished out my lease (2 mos). So that would include the advertising and carpet cleaning. What about the breach of contract? Can they charge me for this?

Thank you Robin

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Can I get out of my lease?

Kim Jones — Sun, 06 Sep 2009 13:26:38 +0000

Does anyone know if I would be able to get out of my lease – legally, without having to pay extra reletting charges/etc?

My boyfriend and I signed our lease in June of 09 for 6 months. The lease states the rent is for $700 a month. My boyfriend, who’s also on the lease pays the rent through their online system. I went to check it today, and they are actually charging us $705 a month ($5 more than what is stated in the lease).

We are desperately wanting to move out asap, as their has been a lot of criminal activity in our apartment, and I do not feel safe.

Any help would be greatly appreciated! Thanks.

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Cancel rental agreement

Vera Z — Thu, 08 Jan 2009 12:48:22 +0000

I am in a 12 month contract with an appartment complex. We signed into the lease on Aug 28, 2008. We are in the process of buying a house and need to break our contract at the end of the month of Feb. According to our contract, if we break the lease 6 months or more into the contract, we have to pay $1400 penalty fee. If we however break the contract lesst than 6 months into the lease, we have to pay double $2800. My thinking that after Feb 28th, we have stayed at our appartment for 6 months, so we will pay the $1400 for breaking the lease. The manager at the appartment tells me that in fact we have to stay through the end of March in order not to pay the double penalty. This makes no sense to me. If we stay through the end of march, it means we would have stayed there for 7 months. Can somebody tell me at which point in our contract is it considered that we have 6 or less months left on the lease?

Thanks! Vera

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Rent Return…

Choon — Wed, 13 Aug 2008 13:16:06 +0000

I will terminate the lease early prior to the expiration date because I have to move out at Sept. 10th. I have to pay additional two month rent as lease-breaking fee and full rent for September even though I may not live in this apartment any longer.

I understand the panalty, but I don’t understand the rent for September. The lease manager said that I have to pay in full regardless how long I stay at the apartment in September. Is it right?

Can I get refund the rest of the rent for September (from 9/11 to 9/30)?

I’d appreciate it if anyone gives me advice.

Thanks.

Choon.

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