- Jurisdiction
- Florida
Daughter is moving back home from Florida due to family illness. From what I can tell below, she is required to give a 60 day notice, and an early termination fee of $2596 which is 2 months rent. She was only in apartment a couple months, so there is no damages. Will she be responsible for paying any more than the Etf based section of the lease below?
Im assuming there is no way to mitigate this amount?
4. RESIDENT'S OPTION FOR EARLY LEASE TERMINATION; TRANSFER TO ANOTHER LANDLORD APARTMENT OR PROPERTY: 4.1 Early Lease Termination: You may terminate this Lease before the expiration of the initial term, if You are not in default under this Lease at the time of giving written notice or thereafter, and if You strictly comply with all the provisions of this section. 4.1.1 In order to terminate this Lease pursuant to this section before the expiration of the initial term, You must: 4.1.1.1 Give Landlord sixty (60) days' written notice; PLUS 4.1.1.2 Pay all monies due through date of termination, including, but not limited to, the payment of prorated rent; PLUS 4.1.1.3 Pay, in accordance with Your election on the Liquidated Damages and Early Termination Fee Addendum attached to this Lease, either (a) the indicated Early Termination Fee or (b) all damages resulting from Your early termination that are recoverable by Landlord as provided by law. 4.2 All terms and conditions of this section must be satisfied before Your Lease will be terminated. Failure to comply with all terms and conditions of this section will result in Your continued liability under the terms and conditions of this Lease. Additionally, Your election for early termination shall not relieve You of Your responsibilities and obligations regarding any damage beyond normal wear and tear to the Apartment. 4.3 Military Termination: You may terminate this Lease, pursuant to 50 App. USCA § 535 or other applicable state law ("Military Relief Laws"), if You: (a) enter military service (active or reserve) after the signing of the Lease; (b) while in military service, receive military orders for a permanent change of station or to deploy with a military unit (or as an individual in support of a military operation) for a period of at least ninety (90) days; or (c) meet any other conditions for an early termination of this Lease by military personnel under applicable law ("Military Cause"). 4.3.1 To terminate this Lease under this section, You must deliver to Landlord a written termination notice and a copy of the service member's military orders or a signed letter, confirming the orders, from Your commanding officer, confirming a Military Cause (collectively, "Military Termination Notice") either by hand delivery directly to Landlord by private business carrier, or by placing the written notice in an envelope with sufficient postage and with return receipt requested and addressed as designated in this Lease and depositing the written notice in the United States mail. Upon Our receipt of the Military Termination Notice and supporting documents, the Lease will terminate thirty (30) days following the date on which your next rental payment is due, provided that all criteria required by law are met ("Military Termination Date") and the Military Termination Date will become the new Lease End Date. 4.3.2 You must perform all of Your obligations under this Lease through the Military Termination Date, including but not limited to, paying all Monthly Base Rent and any Additional Sums accruing or incurred through the Military Termination Date when due and You must vacate the Apartment by the Military Termination Date. The Military Termination Notice shall be effective as to all Residents and Occupants under this Lease. 4.4 Transfer to Another Landlord Apartment or Landlord Property: You may terminate this Lease and transfer to another apartment at the Property or to an apartment at another Landlord property before the expiration of the initial term, if You are not in default under this Lease at the time of giving written notice or thereafter, You have lived in the Apartment for at least six (6) months, You strictly comply with all the provisions of this section, and Landlord, in its sole discretion, approves the termination. 4.4.1 In order to terminate this Lease pursuant to this section before the expiration of the initial term, You must: 4.4.1.1 Give Landlord thirty (30) days' written notice; PLUS 4.4.1.2 Pay all monies due through date of termination, including, but not limited to, the payment of prorated rent; PLUS Document version: 7 Document created: 4/11/2022 11:02:08 AM Page 3 of 27 4.4.1.3 Acknowledging that transfers cost Landlord additional administrative and maintenance time, which creates costs that are both varied and difficult to ascertain, pay a Transfer Fee of Five Hundred Dollars ($500) for the administrative and maintenance costs incurred as a result of the transfer when You give the required written notice; PLUS 4.4.1.4 Participate with Landlord in a pre-transfer inspection of the Apartment; PLUS 4.4.1.5 Complete a new application or submit to all or part of the application approval process, involving, in part, credit, criminal, employment, and resident history background check or screening; PLUS 4.4.1.6 Pay any required fees (in addition to the Transfer Fee) and deposits associated with leasing the Landlord apartment to which You will be transferring; PLUS 4.4.1.7 Execute a Transfer Agreement and a lease for the Landlord apartment to which You will be transferring.
4.4.2 Landlord, in its sole discretion, may deny any transfer. 4.4.3 If this Lease requires You or any one of You to have an approved Guarantor(s), You agree that Landlord, discretion, may elect to deny in its sole any transfer if Your Guarantor(s) decline(s) to execute a new Guarantor Agreement associated with such transfer. 4.4.4 All terms and conditions of this section must be satisfied before Your Lease will be terminate d. Failure to comply with all terms and conditions of this section will result in Your continued liability under the terms and conditions of this Lease. Additionally, transfer to another apartment shall not relieve You of Your responsibilities and obligati ons regarding any damage beyond normal wear and tear to the Apartment. 4.5 You understand that, unless and until all necessary and corresponding forms required for any termination under this section are completed and signed by both You and Landlord, such t Landlord. ermination is considered incomplete, regardless of when, or if, You gave notice to LIQUIDATED DAMAGES AND EARLY TERMINATION FEE ADDENDUM TO THE FLORIDA RESIDENTIAL LEASE AGREEMENT FOR THE STATE OF FLORIDA Mid (America Apartments, LP, a Tennessee li mited partnership (hereinafter called "management" or "Landlord") and xxxx hereinafter called "Resident", "You" or "Your") have previously entered into a Residential Rental Lease this 11th of April, 2022 and now contemporaneously des the same, as follows: [ X ] ire to amend that Lease as to the item(s) listed below, with all other terms and provisions remaining You agree, as provided in the Lease, to pay damages or an $2596.00 (an amount that does not exceed 2 months' rent) as liquidated early termination fee if You elect to terminate the Lease, and Landlord waives the right to seek additional rent beyond the month in which Landlord retakes possession.
Im assuming there is no way to mitigate this amount?
4. RESIDENT'S OPTION FOR EARLY LEASE TERMINATION; TRANSFER TO ANOTHER LANDLORD APARTMENT OR PROPERTY: 4.1 Early Lease Termination: You may terminate this Lease before the expiration of the initial term, if You are not in default under this Lease at the time of giving written notice or thereafter, and if You strictly comply with all the provisions of this section. 4.1.1 In order to terminate this Lease pursuant to this section before the expiration of the initial term, You must: 4.1.1.1 Give Landlord sixty (60) days' written notice; PLUS 4.1.1.2 Pay all monies due through date of termination, including, but not limited to, the payment of prorated rent; PLUS 4.1.1.3 Pay, in accordance with Your election on the Liquidated Damages and Early Termination Fee Addendum attached to this Lease, either (a) the indicated Early Termination Fee or (b) all damages resulting from Your early termination that are recoverable by Landlord as provided by law. 4.2 All terms and conditions of this section must be satisfied before Your Lease will be terminated. Failure to comply with all terms and conditions of this section will result in Your continued liability under the terms and conditions of this Lease. Additionally, Your election for early termination shall not relieve You of Your responsibilities and obligations regarding any damage beyond normal wear and tear to the Apartment. 4.3 Military Termination: You may terminate this Lease, pursuant to 50 App. USCA § 535 or other applicable state law ("Military Relief Laws"), if You: (a) enter military service (active or reserve) after the signing of the Lease; (b) while in military service, receive military orders for a permanent change of station or to deploy with a military unit (or as an individual in support of a military operation) for a period of at least ninety (90) days; or (c) meet any other conditions for an early termination of this Lease by military personnel under applicable law ("Military Cause"). 4.3.1 To terminate this Lease under this section, You must deliver to Landlord a written termination notice and a copy of the service member's military orders or a signed letter, confirming the orders, from Your commanding officer, confirming a Military Cause (collectively, "Military Termination Notice") either by hand delivery directly to Landlord by private business carrier, or by placing the written notice in an envelope with sufficient postage and with return receipt requested and addressed as designated in this Lease and depositing the written notice in the United States mail. Upon Our receipt of the Military Termination Notice and supporting documents, the Lease will terminate thirty (30) days following the date on which your next rental payment is due, provided that all criteria required by law are met ("Military Termination Date") and the Military Termination Date will become the new Lease End Date. 4.3.2 You must perform all of Your obligations under this Lease through the Military Termination Date, including but not limited to, paying all Monthly Base Rent and any Additional Sums accruing or incurred through the Military Termination Date when due and You must vacate the Apartment by the Military Termination Date. The Military Termination Notice shall be effective as to all Residents and Occupants under this Lease. 4.4 Transfer to Another Landlord Apartment or Landlord Property: You may terminate this Lease and transfer to another apartment at the Property or to an apartment at another Landlord property before the expiration of the initial term, if You are not in default under this Lease at the time of giving written notice or thereafter, You have lived in the Apartment for at least six (6) months, You strictly comply with all the provisions of this section, and Landlord, in its sole discretion, approves the termination. 4.4.1 In order to terminate this Lease pursuant to this section before the expiration of the initial term, You must: 4.4.1.1 Give Landlord thirty (30) days' written notice; PLUS 4.4.1.2 Pay all monies due through date of termination, including, but not limited to, the payment of prorated rent; PLUS Document version: 7 Document created: 4/11/2022 11:02:08 AM Page 3 of 27 4.4.1.3 Acknowledging that transfers cost Landlord additional administrative and maintenance time, which creates costs that are both varied and difficult to ascertain, pay a Transfer Fee of Five Hundred Dollars ($500) for the administrative and maintenance costs incurred as a result of the transfer when You give the required written notice; PLUS 4.4.1.4 Participate with Landlord in a pre-transfer inspection of the Apartment; PLUS 4.4.1.5 Complete a new application or submit to all or part of the application approval process, involving, in part, credit, criminal, employment, and resident history background check or screening; PLUS 4.4.1.6 Pay any required fees (in addition to the Transfer Fee) and deposits associated with leasing the Landlord apartment to which You will be transferring; PLUS 4.4.1.7 Execute a Transfer Agreement and a lease for the Landlord apartment to which You will be transferring.
4.4.2 Landlord, in its sole discretion, may deny any transfer. 4.4.3 If this Lease requires You or any one of You to have an approved Guarantor(s), You agree that Landlord, discretion, may elect to deny in its sole any transfer if Your Guarantor(s) decline(s) to execute a new Guarantor Agreement associated with such transfer. 4.4.4 All terms and conditions of this section must be satisfied before Your Lease will be terminate d. Failure to comply with all terms and conditions of this section will result in Your continued liability under the terms and conditions of this Lease. Additionally, transfer to another apartment shall not relieve You of Your responsibilities and obligati ons regarding any damage beyond normal wear and tear to the Apartment. 4.5 You understand that, unless and until all necessary and corresponding forms required for any termination under this section are completed and signed by both You and Landlord, such t Landlord. ermination is considered incomplete, regardless of when, or if, You gave notice to LIQUIDATED DAMAGES AND EARLY TERMINATION FEE ADDENDUM TO THE FLORIDA RESIDENTIAL LEASE AGREEMENT FOR THE STATE OF FLORIDA Mid (America Apartments, LP, a Tennessee li mited partnership (hereinafter called "management" or "Landlord") and xxxx hereinafter called "Resident", "You" or "Your") have previously entered into a Residential Rental Lease this 11th of April, 2022 and now contemporaneously des the same, as follows: [ X ] ire to amend that Lease as to the item(s) listed below, with all other terms and provisions remaining You agree, as provided in the Lease, to pay damages or an $2596.00 (an amount that does not exceed 2 months' rent) as liquidated early termination fee if You elect to terminate the Lease, and Landlord waives the right to seek additional rent beyond the month in which Landlord retakes possession.
