Can landlord charge early termination fee?

[Edwinjcb]

I rented to a tenant on a month to month lease (California). My lease says "Tenant may terminate this lease without penalty if the tenant gives at least 30 days' notice."

However, elsewhere it the lease it says: "If this lease is terminated for any reason less than six months from inception, tenant agrees to pay a "Re-Rent" fee of $150 to offset manager's time and expense in finding a replacement tenant."

Tenants gave a 30 day notice on June 5th and vacated July 5th. Since tenants terminated before six months, I charged them $150 for a rent up fee.

Does anyone disagree with my right to charge this $150 fee? What about my termination clause that says the tenant can terminate "without penalty" with 30 days notice. Could my $150 charge be interpreted as an unallowable penalty? I could have used an initial 6 month term, instead of month to month. But with that length of term, any early move-out by the tenant would have obligated them to rent for the remainder of the lease, IN ADDITION to the early move-out "penalty." By allowing them to move out with only 30 days' notice, they are not locked into a six month lease. They only have to pay $150. Sounds fair to me.

 

[jacksgal]

You can find some additional info on this issue as OP posted on another site here is link. Its worth noting some wording changes on issue from other site to this one

http://www.worldlawdirect.com/forum...residential-lease-question-30-day-notice.html

 

[jacksgal]

Its either a month to month agreement or a short term lease it cant be both!

 

[Gail_in_Georgia]

Did you and your twin brother take turns writing up this lease?

Jacksgal is correct; you either have a month to month lease or you don't. If a month to month tenancy your tenant is only required to provide 30 days written notice to terminate this lease:

http://www.caltenantlaw.com/breaklease.htm

California is an incredibly tenant friendly state. If you're going to be a landlord there you must be familiar with all their many, many landlord tenant laws.

You can write in your lease that your tenant has to wear pink booties and bay at the full moon once a month but if there isn't a statute requiring this, it ain't legal.

Gail

P.S. If you were worried about your tenant leaving before six months, why did you agree to a month to month tenancy? Were your charging a higher rent because of this?

 

[mightymoose]

It sounds like an initial 6 month lease that rolls over into a month to month afterward.
The 30 day notice applies after the first 6 months.

It would be interesting to see the language of the actual lease.

 

[jacksgal]

If you read both here and link I provided he never says that. He states its month to month agreement. He also states he added a fee if tenant ended tenancy before six months. It cant be both a month to month and lease! It has to be one or the other. The tenant can argue he was month to month and not on a lease and in tenant friendly CA likely prevail. Granted we have seen the document but it appears poorly written by someone not familar with rental guidelines

 

[army judge]

Always apply the principal of KISS.
You over thought your lease.


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