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Termination for Transfer by Employer Addendums

Discussion in 'Commercial Landlord & Tenant Issues' started by Leila Miura, Nov 17, 2020.

  1. Leila Miura

    Leila Miura Law Topic Starter New Member

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    Jurisdiction:
    Alabama
    Hello,
    I am currently in AL and will be transferred by my employer to CO. I wanted to ask the following question.

    My rental agreement has an addendum for Termination for Transfer by Employer that mentions that: (1) I need to provide a 30 Day Notice
    (2) I need to provide a Letter of Transfer
    (3) I will lose my deposit.

    However, it does NOT specify what end date is to be used for my lease. Furthermore, upon asking my agent I was told that any day would be ok as long as I had proof of my transfer.
    The specific language used is as follows: "in the event the Tenant tender 30 day written notice (such notice to be given and become effective only on the 1st of the month) of the fact that the is being transferred by his employer to a location outside the county (50mi+) together with written verification from Tenant's employer the above-referenced lease will be terminated provided rent is paid for the period of notice. All deposits to be forfeited"

    I provided my landlord with verbal and written notice with 60 days notice. I asked for a vacating date corresponding to my end date at my current location. I am provided admin time prior to my report date (for my transfer/move). However my landlord is now claiming rent until my report date instead of my requested vacating date/end date. Which is against what I was advised upon signing my contract and against what I was verbally advised.

    Do you have any idea how to proceed on this matter?
     
  2. zddoodah

    zddoodah Well-Known Member

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    Based on the above and the quoted language, it seems to me it would be the first day of a month that is at least 30 days after the date on which you give notice?

    Without reading your lease or the notice you gave and without having any details about the timing of the various events mentioned, no.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    You gave 60 days notice because you apparently needed more than the required 30 days. You pay rent by the month regardless of what part of the month you remain.

    That doesn't make any sense. Why would you ask for a vacate date when you've already notified the landlord of the termination date of your tenancy.

    That provision of your leas may be illegal. See Alabama statute 35-9A-163(A)(1):

    2015 Code of Alabama :: Title 35 - PROPERTY. :: Chapter 9A - UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT. :: Article 1 - General Provisions and Definitions. :: Division 4 - General Provisions. :: Section 35-9A-163 - Prohibited provisions in rental agreements.
     

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