Early lease termination and rent owed

[Newbie]

Jurisdiction

Colorado

The commercial lease has a 90-day early termination clause that either tenant or landlord may invoke. The landlord invoked the termination clause and served the tenant a 90-day notice. Can the tenant move out within 30 days and not pay for the final 60 days of the lease? The clause simply says that the lease expires 90 days after a 90-day notice is given.

 

[army judge]

Can the tenant move out within 30 days and not pay for the final 60 days of the lease?

Can implies the ability to do a thing.

Of course the tenant COULD vacate the premises early.

However, the tenant would remain legally responsible for paying rent, UNLESS the tenant negotiated an early departure with the landlord.

If the tenant did negotiate an early departure, said tenant should expect to pay something for that privilege.

How much?

The tenant would need to ask the landlord, and seek an agreement to be memorialized (reduced to writing) and agreed to by all parties affixing their signature and the date signed to the document.

 

[Zigner]

The commercial lease has a 90-day early termination clause that either tenant or landlord may invoke. The landlord invoked the termination clause and served the tenant a 90-day notice. Can the tenant move out within 30 days and not pay for the final 60 days of the lease? The clause simply says that the lease expires 90 days after a 90-day notice is given.

On it's face, you cannot leave early without paying the rent for the full 90 days. As indicated above...negotiate.

 

[zddoodah]

Can the tenant move out within 30 days and not pay for the final 60 days of the lease?

Can it happen? Sure, but I doubt that's what you intended to ask. As you noted, "[t]he clause . . . says that the lease expires 90 days after a 90-day notice is given." The tenant is obligated to pay rent until the expiration or termination of the lease.

Of course, the tenant is free to approach the landlord about negotiating an earlier termination.