Apartment Ratings :: Question - Breaking a one year lease

Breaking a one year lease

Asked 148 days ago

I broke a one year lease six months early. I have lived in rental properties before and the leases before always stated the consequences if you broke a lease early. However, this lease stated that if you moved before the year was up you forfeited your security deposit. It also said that you must give a 30 days notice before moving out. It did not state any consequences if you moved out before your lease was up. First they told me I needed to pay two months rent. Now they have sent me a bill saying I need to pay the repairs, plus the rest of the lease's rent or pay 500 dollars. I have spoke with several rental property owners and they have said that if it doesn't state in the lease that I need to pay those things, then I shouldn't have too. I also gave over a 30 day notice. On top of that, the rental property wasn't even in move in condition when I moved in. Any advice would be great.

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Answer by tonestar on Apr 03, 2008 at 4:03PM

I would have to see the lease but based on what you are telling me, they have their heads up where the sun doesn't shine. Most leases will have a "Liquidated Damages" paragraph that addresses "lease breaking". If you want to fax me your lease (with personal info blacked out) I would be happy to look it over and give you my opinion.

BTW, you shouldn't have accepted possession of the rental property if it wasn't in move in condition.

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Comment by Gwetababy on Apr 03, 2008 at 8:13PM

There is a line in my lease that says,"that the said leasee will not remove from said premises during the term of this lease without written concent of the said first party & in case of removal,or attempt to remove,or manifest an intention to remove any of goods & effects the entire rent reserved for the full term of this lease shall become due & payable at once & may forthwith be collected by distress or otherwise." What does this mean?Because this is the only thing that really mentions anything about removing anything from the property.Someone mentioned that it had to do with the stuff in the renting complex itself not me moving.
I have also found out that the place I was renting has already been rented to another person, eventhough I am paid up until April 13th. This person also said that eventhough we have a lease, there is an unjust enrichment law that they cannot charge me for the rest of the rent because they already rented it out. Is that true? Whats ur fax number?

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