RPA Tenant Rights Blog » lease penalty

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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Extra Month Penalty

Stressed College Student — Sat, 20 Aug 2011 03:41:50 +0000

Hi everybody. Me and my roomies signed a 6 month lease 6 months ago, which will end on the 30th of this month. We are all going our seperate ways, so we decided not to extend the lease. Upon the landlords inspection, she gave us a few things we need to repair, which we are fixing, but then asked for an extra months rent while they searched for more tenants. Are we legally required to pay this? We have paid the total amount of rent listed on the lease, and the lease states that it will not automatically be extended at the end of the lease. Any penalties or extra fees all deal with early termination of the lease, which is not our situation as the lease is terminating as per the conditions stated in the lease. Has anyone ever heard of anything like this? I will be checking this forum for the next few weeks, but if you have any advice and can email me, I would be very appreciative. Thanks for the help, M. Groat (mgroat@gmu.edu)

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Cancel Renewal

Tenant — Tue, 12 Jul 2011 12:11:48 +0000

I moved into my complex almost a year ago. When a friend of mine decided she wanted to stay here, we went to the office and had them move us. They waived the transfer fee since I referrred someone and whe signed her lease for a longer period of time. I decided to renew. Once they movede me to the new apartment and had me fill out one of the damages sheets, I noted that there was a spot on the ceiling. I was told that it was just water damage from a leak they previously fixed. Late into May when it was raining, I noticed a leak. It was reported and I was told it would be fixed. Unfortunately that was not the case. I made a couple more verbal complaints, and they put in work orders. The leak has now apparently been fixed. We also noticed a couple of new leaks in the kitchen that were leaking into light fixtures. I have to wait to see if the leaks are actually fixed when it rains. Now if I hadn’t have renewed my lease, I wouldn’t have to stay here anymore. Now that I’ve experienced such a problem, I don’t really want to live here anymore. I’m wondering if there’s a way to cancel my renewal?

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I broke Lease!

Tenant — Thu, 12 May 2011 18:14:06 +0000

I signed a 12 month lease on June 1, 2009. I gave notice and am moving out Nov 12th. I did pay $1500 Security (one months lease) at the inception and I did pay the whole month of November. My issue is that my Landlord is now putting up the house for sale and not advertising or entertaining a lease. What would my rights be as a tenant? If I am liable for the term of the lease doesn’t this seem wrong that they will not actively persue a tenant?

At this rate: I paid Nov. in full
They will not consider a lease until Dec 15th or Jan.
Do I still owe for December???

Please let me know as I did recently file bankruptcy and was discharged Oct 2nd of this year….. My husband is unemployed and I am too…. Is there a way out of this? I did ask for a termination agreeement with options and was told I owe the total lease thru May of 2010.

Kind regards,

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Landlord Harassment

anonymous — Sat, 30 Apr 2011 17:08:33 +0000

MY ROOMMATE AND I SIGNED A ONE YEAR LEASE. MY ROOMMATE MOVED OUT WIFHOUTWITHOUT ANY NOTICE. HE LEFT ME TO PAY HIS HALF OF THE RENT DUE IN 3 DAYS. I PAYED THE FULL AMOUNT ON TIME. NOW THE LANDLORD IS SAYING THAT I OWE HIM MORE MONEY FOR THE DEPOSIT SINCE MY ROOMMATE MOVED OUT. THE LEASE HAS BOTH OF OUR NAMES ON IT CURRENTLY. THE LANDLORD DID NOT MAKE A NEW CONTRACT OR PROVIDE ANY LEGAL DOCUMENTATION TO ME STATING I OWE MORE MONEY. ALSO NO WHERE IN THE LEASE DOES IT SAY I WOULD HAVE TO PAY MORE FOR ONE PERSON LEAVING. TE LANDLORD HAS CALLED ME CONTINUOUSLY, HAS SAID HE WOULD COME TO MY WORK, AND HAS ENTERED MY HOME WHILE I WAS AWAY ON VACATION ACCUSING ME OF BEING THERE. I FEEL UNSAFE AND HARRASSED AND DO NOT FEEL AS IF I CAN CONTINUE LIVING THERE UNDER THESE CONDITIONS. IS THERE A WAY TO GET OUT OF THIS LEASE WITH NO PENALTIES?

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Early termination due to job relocation

Tenant — Sat, 24 Jul 2010 23:08:39 +0000

Does anyone know what the statute of limitations is on an early termination lease due to job relocation > 120 miles in Arizona?

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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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