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Questions and Professional Answers

Questions and Professional Answers

  • Lease Termination

    I have a lease for my apartment which has a termination date of February 28th. 2007 The early termination clause of the lease reads as follows: EARLY TERMINATION: Unless otherwise prohibited by applicable state law, and management mutually agrees, the Resident may terminate this agreement before the expiration of the original term by:A) Giving management at least thirty day written notice from the 1st of the month, plus –B) Paying all monies due through the termination due of the 30 day notice given, plus –C) Paying a lease termination fee of $ N/A, such amount being paid by resident as additional consideration to management in return for the relinquishment and release by management of any claim it might have against resident for the balance of the rent due under the lease. This fee is also due to landlord/management should a tenant “skip”, or not give a formal 30-day notice.D) In addition, all resident security shall become the unconditional property of management, if not prohibited under law, not as penalty but as damages.In your opinion, may I vacate in Dec. 2006 without having to pay the rent to the end of the lease?
    • Re: Lease Termination

      If managment agrees then yes,otherrwise no

      David Anderson
      Mahoney Anderson LLC
      P.O. Box 44504
      Eden Prairie, MN 55344
  • Termination of Lease Agreement

    I have signed a one year apartment lease in the state of Ohio. The lease does not have a termination clause, only states no less than 30 days notice is required prior to the expiration of the lease. If I buy a house and give 30 days notice 6 months prior to the end of my lease, am I subject to any penalties per Ohio law- even though they are not in the lease?
    • Re: Termination of Lease Agreement

      If you leave prior to the end of the year you may be responsible to pay the rent till the year is up. Further, if you leave prior to the year being up, you can kiss your security deposit goodbye. The 30 day period usually deals with renewal periods or holding over after the end of one year.

      Gregg Manes
      Gregg A. Manes, Esq.
      333 South Main Street #701
      Akron, OH 44308-
    • Re: Termination of Lease Agreement

      If you terminate your lease prior to its expiration, you will be in breach of contract. You and the landlord contracted for twelve months of residency and payment. Unless the landlord is willing to negotiate an early termination, you are responsible to continue paying on your obligation. I suggest you speak to the landlord about your situation. He/she may offer to release you from responsibility when your apartment is re-rented to another tenant. Good luck.

      Rick Sommer
      Law Offices of Rick J. Sommer
      4555 Lake Forest Drive, Suite 650
      Cincinnati, OH 45242-3789
  • Rantal lease termination

    We have a signed lease (a private property) which ends on Oct. 2004, there was a verbal agreement that we can terminate the lease with a 30 days notice, and here are my questions:1) According to the low, is there a standard minimum notice time for termination in case u didn’t specify it on the lease?2) Is there any limit that the 30 days should be only on the first of each month? In other words, in case there is an agreement for 30 days termination notice – can it be in any day of the month let say from the 16 30 days or should it be only in a full month cycle?
    • Re: Rantal lease termination

      the standard time is 30 days and it commences on the first of the month

      richard feldman
      richard d. feldman
      154-25 Riverside Dr.
      Whitestone, NY 11357
    • Re: Rantal lease termination

      Outside of NYC, the standard is 30 days which must be a full cycle. Ex: Rent due on 1st and want to vacate, the latest notice would be June 30th for move-out July 31st. If you gave notice on July 1st, you would need to stay/pay until August 31. If your landlord doesn't honor your verbal agreement, you are liable til end of lease.

      Debra Palazzo
      Law Offices of Debra Palazzo, LLC
      317 Elwood Ave.
      Hawthorne, NY 10532
    • Re: Rantal lease termination

      The verbal agreement, if challenged by your landlord, would not be binding since it contradicts the written terms of your lease. That being said, the standard is 30 days from the beignning of the next rental cycle. In other words it must be before the first of the month, of the month before you wish to vacate. Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

      Stephen Loeb
      Law Office of Stephen R. Loeb
      75 Maiden Lane, Suite 339
      New York, NY 10038
  • 30 day notice for 3 month lease term

    Hi,I rented an apartment in Wayne, New Jersey and took a short term lease for 3 months, starting Nov 8 and ending Jan 31st. Today I met the manager in leasing office to findout what i need to do interms of handing over the aparment when I leave on Jan 31st. To my surprise they said I need to give them a 30 day notice and they said it is specified in the lease. When I signed the lease, i remember the leasing office telling me that i need to tell 60 days in advance if i need to extend my lease after the termination period and that I will be receiving a notice from the leasing office 60 days before the termination of my lease. Now they are telling me that 60 days notice is for ''intent to vacate'' the apartment and that it is specified in the lease. And again, I didn't receive any 60 days notice AND THEY DO ADMIT THAT their system crossed over something and that the notice was not sent out and it was their mistake.After I signed the lease I didn't get a copy of the lease (I wasn't sure if I was supposed to pick up or if they were to send it to me by mail). I want to findout what my rights are.
    • Re: 30 day notice for 3 month lease term

      You were required to be given a copy of the Lease when you signed it, and all terms speficied therein are to be complied with, both by Landlord and Tenant. If the lease specifies that it will automatically be renewed if you do not give the required notice you will vacate and terminate at the end, you were responsible to give the required notice. Since the lease is for less than 1 year, 30 day notice is the standard requirement to terminate. Thus, you had to notify them prior to January 1 that you were leaving and not renewing. The legal requirement is now unclear since you did not get a copy of the lease (if they acknowledge they did not give you a copy - get this in writing as it could be important if there is litigation). I would argue that by only taking the lease for 3 months, and not giving them notice of an extension, you had already informed them that you were leaving at the end of January, so no further notice was required. They knew from the outset the vacating date (January 31). I would also take the position that you only were required to notify them of any extension, which by not doing terminates the lease on January 31. Be sure you take pictures when you leave, to verify the condition, as they might claim damages to offset any security deposit they are responsible to return. Also, anticipate an argument over the notice requirements, with a possible claim for February rent. I believe this might wind up in court unless you negotiate some deal before January 31. They will claim damages and lack of timely notice. You will claim notice from the inception, no damages (that's why you will need pictures) and that you are entitled to your security deposit less any proven damages.

      Walter LeVine
      Walter D. LeVine, P. A.
      23 Vreeland Road #102
      Florham Park, NJ 07932
  • 60 day notice to vacate

    I gave my landlord 60 days notice that I will be leaving the apartment. They want to charge me an early termination fee. The new lease goes into effect on June 1, I gave my notice on May 13. The rental agent said when I took the apartment if I planned to vacate at any time all they required was sixty days notice there was no mention of this early termination fee. The original lease has no mention of the early termination fee but, the landlord has added an addendum to the lease on which it states the early termination fee and that it does not go into effect until June 1. Is there any way that I would not have to pay this fee or do they have me by the shorthairs?
    • Re: 60 day notice to vacate

      Please be advised that I have not been retained to represent you and I am basing this response on the limited amount of information supplied. However, prior to June 1st, you were under a lease agreement which stated that you had to provide the landlord with 60 days notice of an intent to move. At the time you did so, the adendum had not gone into effect and there was no early termination provision. Therefore, you should not be bound by the adendum since you effectively got out of the lease prior to the new terms going into effect. If you wish to discuss this further, I can be reached at 908-537-7975.Good Luck!

      Ryan Dornish
      Ryan A. Dornish, Attorney At Law
      105 Spruce Hills Drive
      Glen Gardner, NJ 08826
  • early termination of signed lease

    renting a home for last 4yrs with same lease renewed each year. 90written termination of lease effective nov.01,2006. lease expiration date april 2007.With a 90day notice , am I still legally obligated for remaining 3months excluding security deposit? When and What is considered appropriate early termination with previous longevity of signed lease agreement with same landlord?Revised at your request: Are there any grounds for early termination of a lease? A 90-day notice in writing was submitted Nov.01, 2006. Lease ends April 30 2007. I have been renting from this same landlord for a period of 4yrs, circumstances have forced me to relocate, and terminate my current lease 4months prior to ending date. Can I be exonerated from the last 4 month legally, or am I obligated to pay the rent?
    • Re: early termination of signed lease

      Your post is far from clear. However, it seems obvious this is covered in your lease, so it should tell you the penalty for early termination. We don't have the lease. The length of time you have been there would not be relevent (unless something about that is also in the lease). Bottom line - the lease is your agreement.

      Scott Riddle
      Scott B. Riddle, Attorney
      Suite 3250 One Atlantic Center, 1201 West Peachtree St., NW
      Atlanta, GA 30309
    • Re: early termination of signed lease

      In addition to what Mr. Riddle wrote, you may terminate the lease immediately if the landlord has breached its terms. For example, failing to make repairs.

      Glenn M. Lyon, Esq.
      MacGREGOR LYON, LLC
      7 Lenox Pointe, NE, Building Seven
      Atlanta, GA 30324
  • Landlord 30 or 60 day termination notice to Tenant

    I have a tenant who has been living in my condo (San Diego, CA 92101) for just over a year. She is on mtm now and our lease states a 30 day notice for termination. She has been late paying rent 10 times. I was cool at first but not anymore. Can I serve her a 30 day notice? Or do I have to by law serve a 60 day notice (tenant rights) even though the lease agreement states I have a right to a 30 day notice? She has taken advantage of me regarding late payments and I want her out.
    • Re: Landlord 30 or 60 day termination notice to Tenant

      30 is fine. She is lucky you have been so generous.

      Robert L. Bennett
      Law offices of Robert L. Bennett
      2117 N. Baker St.
      Bakersfield, CA 93305
  • Fixed Lease

    I have a 1 year fixed term lease and my agreement states,''This tenancy may be terminated (after expiration of the fixed term of lease) upon prior written Notice of Termination of Tenancy based upon any lawful reason and/or just cause.'' The agreement does not state a certain time frame to submit a notice prior to the end of the lease which is the on the 14th. I paid my last rent on the 1st and also gave my notice of termination. Am I in default of the agreement?
    • Re: Fixed Lease

      No, but you do need to give 30 day notice.

      Robert L. Bennett
      Law offices of Robert L. Bennett
      2117 N. Baker St.
      Bakersfield, CA 93305
  • renter's notice beyond lease termination

    Does a renter of an apartment have to provide 60 day notice, 30 days beyond termination of the lease, to the landlord or be accessed the extra 30 days rent?
    • Re: renter's notice beyond lease termination

      Your specific obligations will be addressed in your lease. Since you agreed to the 60 day notice when you signed the lease, the landlord has the right to rely on this agreement. Normally, it turns into a month-to-month deal until proper notice is given, but this should be in the lease. Good luck.

      Scott Riddle
      Scott B. Riddle, Attorney
      Suite 3250 One Atlantic Center, 1201 West Peachtree St., NW
      Atlanta, GA 30309
    • Re: renter's notice beyond lease termination

      Lease terms will govern, if you don't have a lease you must be given 60 days notice by landlord to leave, you can give 30 to leave.

      Harold Holcombe
      Harold D. Holcombe, Attorney At Law
      Nine Lumpkin Street, Suite 100
      Lawrenceville, GA 30045
  • Early termination of lease question

    I have a lease that states that I have the right to terminate the lease EARLY under these conditions...1) giving landlord no less than 30 days notice on or before the day rent is due2) paying all monies due through date of termination3) paying an amount equal to one months rentMy understanding of this is that under the condition number 2 of the early termination paragraph in my lease means that I will pay all monies due through the date that I want to terminate the lease as long as I give 30 days notice, and NOT through the date that the original lease expires. My landlord thinks otherwise. I am wondering if my understanding is correct. Any help would be greatly appreciated. Thank you, Lauren
    • Re: Early termination of lease question

      Without seeing the entire document and the exact language, I reslly can't say for sure.However, there would be no point in having an early termination provision if you were required to pay the entire rent due under the lease in order to terminate early--that is what the landlord would be entitled to if you moved out with no right under the lease to terminate early. I suggest you have an attorney draft and send your notice of termination, and set forth your interpretation of the lease provision. This may make the landlord see reason.

      Robert Thompson
      J. Robert Thompson Attorney
      309 Sycamore St.
      Decatur, GA 30030
    • Re: Early termination of lease question

      Based on what you have stated as to the lease provisions, your interpretation sounds correct. However, since the landlord sees it otherwise, you should seek a legal opinion from an attorney who can review the entire lease.

      Charles W. Field
      Charles W. Field, Attorney at Law
      911 Duluth Hwy., Ste. D-3211
      Lawrenceville (north Atlanta), GA 30043