Breaking a Lease Breaking Lease Penalty Blank?

[Aaron Clement]

Jurisdiction

Washington

My wife and I are looking to move states soon, and will need to break our lease. We noticed when looking through the lease agreement to plan what to pay that the space for the penalty is entirely blank. No boxes checked, no dollar amount specified. Does this equal zero, from a legal standpoint, or is this a danger zone that could mean the landlord has the ability to write anything they like in after our signing? I do have a copy of the form with this space not filled in, but don't know if the law would view it as a new agreement or not if the landlord fills things in on their copy.

 

[Tax Counsel]

Does this equal zero, from a legal standpoint, or is this a danger zone that could mean the landlord has the ability to write anything they like in after our signing?

It sets up a potential fight as to what that blank portion means. You'd argue that it means no penalty for breaking the lease early. The landlord would argue that since no amount was put in there that he's entitled to his actual damages for your early termination, whatever those may be. You'd likely have an edge in that fight as ambiguity in that sort contract is often construed against the person who drafted it — the landlord. But there is no way for me to predict how some unknown judge or jury would decide the matter if it went to court. You might try to settle for something reasonable on breaking the lease and get a written release that clears you of any further obligation.

 

[adjusterjack]

I do have a copy of the form with this space not filled in

Does that copy have the landlord's signature on it?

 

[zddoodah]

We noticed when looking through the lease agreement to plan what to pay that the space for the penalty is entirely blank. No boxes checked, no dollar amount specified.

Why did you sign the lease with blank spaces and unchecked boxes?

oes this equal zero, from a legal standpoint, or is this a danger zone that could mean the landlord has the ability to write anything they like in after our signing?

The landlord obviously has the ability to do that, but I doubt that's what you really intended to ask. Opining about the legal effect of a document we haven't seen would be foolish.

If we assume the landlord didn't fill anything in, then, if you leave before the expiration of the lease term and don't negotiate something else with the landlord, you will be obligated for all rent through the end of the lease, subject to the landlord's duty to mitigate damages.

 

[adjusterjack]

RCW 59.18.310
Default in rent—Abandonment—Liability of tenant—Landlord's remedies—Sale of tenant's property by landlord, deceased tenant exception.
(1) If the tenant defaults in the payment of rent and reasonably indicates by words or actions the intention not to resume tenancy, the tenant shall be liable for the following for such abandonment: PROVIDED, That upon learning of such abandonment of the premises the landlord shall make a reasonable effort to mitigate the damages resulting from such abandonment:
(a) When the tenancy is month-to-month, the tenant shall be liable for the rent for the thirty days following either the date the landlord learns of the abandonment, or the date the next regular rental payment would have become due, whichever first occurs.
(b) When the tenancy is for a term greater than month-to-month, the tenant shall be liable for the lesser of the following:
(i) The entire rent due for the remainder of the term; or
(ii) All rent accrued during the period reasonably necessary to rerent the premises at a fair rental, plus the difference between such fair rental and the rent agreed to in the prior agreement, plus actual costs incurred by the landlord in rerenting the premises together with statutory court costs and reasonable attorneys' fees.