Early Termination of Lease

Status
Not open for further replies.

mission_2

New Member
The landlord let me signed document for the early termination of lease with a stated specific date of remittance of payment and amount for the buy-out for the balance of the lease. Just about a little more than a week before the due date of payment for the early termination of lease, the landlord is asking us to pay for the whole coverage of the lease and advised me that they will send this to collection agency with a warning that this will affect my credit history if not paid. Is this legal?

The lease contract allowed for an early termination, 60 days notice was followed by me and formally notified them and they let me sign an early termination agreement after I remitted my last rent.
 
It appears the landlord has changed his mind.

Your lease is a contract.

Your LL asked you to author an early buy out.

That would be called an offer.

The LL, when seeing the offer in writing, refused it.

No meeting of the minds, no acceptance of your offer; rather a rejection.

Now the lease controls.

You want out of the lease, you gotta do as the lease instructs.

Kinda crappy, but nonetheless, legal.

I suggest you pay to play, or make a counter offer.

The LL might be persuaded. I doubt it, but no harm in trying.
 
The landlord let me signed document for the early termination of lease with a stated specific date of remittance of payment and amount for the buy-out for the balance of the lease. Just about a little more than a week before the due date of payment for the early termination of lease, the landlord is asking us to pay for the whole coverage of the lease and advised me that they will send this to collection agency with a warning that this will affect my credit history if not paid. Is this legal?

The lease contract allowed for an early termination, 60 days notice was followed by me and formally notified them and they let me sign an early termination agreement after I remitted my last rent.

The buy out agreement that was originally signed was the offer made by the LL after our notifying them 60 days ahead of the need to relocate, we signed on this offer. We paid based on this amount and in the due date agreen upon. Can they enforce another new agreement?
 
It appears your landlord has reneged, possibly breached your agreement.

Was the original early termination signed by the LL or his agent?

You potentially have an actionable legal matter.

The problem will be, was the original agreement valid?

Why did the LL change his mind?

That is, IF the LL had knowledge of your offer.

If the LL had knowledge, did he have a right to reject or rescind his purported acceptance?

Finally, if you sue, it'll take weeks to get a hearing set.

This matter could take months to resolve.

And, as I advise every client, going to trial is a crapshoot.

It can also be expensive.

Sure, there is always small claims.

The problem there is, if you prevail, you're likely never to collect!!!!

In the meantime, your credit could be ruined, if that's important to you.

The nazis that run credit bureaus get immense enjoyment and orgasmic pleasure from hurting credit records!

Buddy, this is a tough one.

You might want to chat with the LL and see if you can discover why he's changed his position. You might also see if you can be more accommodating, in order to avoid a protracted, useless legal dispute.
 
You are not obligated to pay the full lease anyway.
Once you are out the landlord has an obligation to try and minimize the loss by re-renting, and you are only responsible for whatever loss occurs in the interim. If the landlord fails to make a good faith effort then you will have a good argument against the claim. Help your own cause by trying to find someone to take over the rental upon your departure. If you pay up front for the months you will not be there, and the lanlord still rents it out, the landlord gets paid twice.
 
Status
Not open for further replies.
Back
Top