Apartment Lease Early Termination
I have to break my apartment lease due to an out of state job relocation. I signed the lease on 01/18/09 and it ends 06/17/09. I have to move out by the end of Feb and on the contract there is an early move out clause penalty stating $735 which is one months rent. On the lease term, its states ”This lease contract will automatically renew month to month unless either party gives at least 60 days written notice of termination or intent to move out” Under these 2 clauses I assumed I would owe only $735 for breaking my lease early but I am told that I would owe 2 months rent ($1470) plus and additional $735 for the early move out penalty clause for a total of $2205. Is this legally justified even though it doesn’t say anywhere on the contract that I would owe 60 months rent? Is there anyway for me to break my lease and just pay one month rent penalty instead of 3 months worth?
Re: Apartment Lease Early Termination
Check your lease again for a notice requirement for early termination (which might be the same time period as extending the lease). Most apartment leases have a notice requirement for early termination – i.e., you have to give 30 days notice, plus the termination fee. In your case, that would be the two months they are asking for.
Scott Riddle
Scott B. Riddle, Attorney
Suite 1530 Tower Place, 3340 Peachtree Road
Atlanta, GA 30326