Terminating Current Lease Agreement to Move

[shayden10 78]

Hey friends,

 

My husband and I have been talking about renting a house instead of an apartment for a couple months now. The apartment we are currently in is technically rented by my father-in-law (we are just occupants) though he doesn't live with us. We want something more spacious, closer to work, and without people living underneath or over top of us. And we made a deal when we get a bigger place I can have a puppy! My FIL recently resigned our lease for another year without discussing it with us, so we still have 10 months left of this lease. After reviewing the lease agreement multiple times, it states that should we leave the lease early we are required to give a minimum of 60 days notice. It also includes situations that would permit us to provide less than 60 days notice. When my father-in-law renewed the lease for another year he told the apartment we may leave early and they informed him that there is also a penalty equal to two months rent due upon notification of leaving.

 

My issue it that we signed a lease that included a provision about what we should expect if we decide to terminate the lease prior to the end date. If the property management company wants to create a penalty it should be included in the lease agreement. I took contract law courses and in my mind, the penalty is not in the contract we signed, therefore it shouldn't be enforceable.

 

Has anyone had any experience with terminating a lease with an apartment prior to the end date of the lease? Does anyone know if the property management company has the right to create new fees without including it in our agreement? I'm not impressed that they are adding additional fees! Any advice would be great. 

[Jojo92122 1,924]

Landlord can not make up a penalty.  If there is no penalty clause in the contract, then the landlord can not make one up. 

 

Even if there was an agreed upon penalty, the law may not allow for it to be enforced.

 

The landlord can charge you for costs and expenses to get new tenants.

 

Don't let the landlord bully you.  Read up on tenants' rights in your city.

[shayden10 78]

11 minutes ago, Jojo92122 said:

Landlord can not make up a penalty.  If there is no penalty clause in the contract, then the landlord can not make one up. 

 

Even if there was an agreed upon penalty, the law may not allow for it to be enforced.

 

The landlord can charge you for costs and expenses to get new tenants.

 

Don't let the landlord bully you.  Read up on tenants' rights in your city.

Unfortunately, when I reviewed my tenants rights in my city, it only discusses the situations that allow us to leave with 30 days notice. 

 

It it is my understanding that they can't make up a clause after we have signed the agreement either, but I can't find any other information on it. I'll have to keep digging around online. 

[Mollie09 1,543]

When I had a lease with no clause for early termination, I thought it was understood that if I left before the 13mos were up that I would owe the amount remaining on the lease. Might want to look into that.

[shayden10 78]

18 minutes ago, Mollie09 said:

When I had a lease with no clause for early termination, I thought it was understood that if I left before the 13mos were up that I would owe the amount remaining on the lease. Might want to look into that.

My lease does have a clause for early termination. That's why I don't think we should have to pay a penalty. Within the clause it just says we must provide a minimum of 60 days notice. It's a part of our state code that we must do so as well. If we gave 60 days notice and followed state code/the lease agreement, there should be no penalty. If we fail to provide 60 days and did not meet the criteria for terminating a lease with only 30-60 days notice then I would understand there being a penalty.