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Rental Agreement

Discussion in 'Rental Agreements & Subleases' started by LGdavison1977, Jan 6, 2020.

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  1. LGdavison1977

    LGdavison1977 Law Topic Starter New Member

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    Jurisdiction:
    US Federal Law
    My rental contract states the following:

    "If the non- renewal notice is less than 2 months ,the lease shall be automatically renewed OR the tenant shall pay a penalty equivalent to 2 months rent CALCULATED FROM THE NOTICE DATE UPON APPROVAL OF THE LANDLORD, AND THE UNIT SHALL BE HANDED OVER BY THE EXPIRY OF THE LEASE"

    So my 1 year tenancy contract ends on Jan 9, 2020, and i gave my notice of non renewal on Nov 17, 2019(late by 8 days). The landlord states that i need to pay him for 2 months beyond the termination of my lease - that is until March 9, 2020.

    However i stated that the penalty , is calculated from 2 months of the notice period as per the above tenancy contract ( in this case Nov17,2019- january 17, 2020). As i have already paid him until january 9, 2019- i feel i need to pay him for the period of Jan 10-17, 2020. Also as per terms of the contract i need to leave at the end of the lease , which is jan 9, 2020.

    Do you think i am right or wrong??
     
  2. Zigner

    Zigner Well-Known Member

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    Landlord/Tenant law is not a federal matter. What US state is this taking place in?
     
  3. mightymoose

    mightymoose Moderator

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    I believe you are correct.
    The truth here is that you don't have to pay anything at all unless a court orders you to do so.
    Move out as planned. Offer the prorated amount through the 17th if you choose, or wait for the landlord to take the matter to court and let a judge decide.
    Your best option, if you can afford it, is to pay the amount you believe is right. This gives the landlord a weaker argument against you.
    I suspect you will have trouble getting any deposits back if you pay less than what was requested and you may end up in court anyway.
    Just know that you have no obligation to pay 2 additional months at this time.
     
  4. army judge

    army judge Super Moderator

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    Research reveals post originates from:

    Country: United Arab Emirates
    State/Region: Abu Dhabi
    City: Abu Dhabi
    Latitude: 24.4638 (24° 27′ 49.68″ N)
    Longitude: 54.363 (54° 21′ 46.80″ E)
     
  5. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Lot's of folks use VPNs
     
  6. army judge

    army judge Super Moderator

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    Many people don't use a VPN.
     
  7. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    True, but until there is an issue I see no reason for Mods to use their powers like that.
     
  8. Zigner

    Zigner Well-Known Member

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    VPN or not, the OP needs to tell us the name of the US STATE that is involved, as landlord/tenant matters are not regulated at the federal level (insofar as the OP's question is concerned).
     
  9. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Agreed.
     

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