I used your service on 6/18 about a noise problem with the duplex that I am in. Since then, there has been some music issues, party going on till midnight, all kinds of noise issue which made us wanting to break the lease. The lease was signed on late May, so technically I still have about 9months.
We've been telling the landlord about the noise issue, and he was helpful in some cases where he would contact the next door neighbor but recently he has been telling us that a neighbor noise issue is the tenant's problem, therefore, to exchange contact information and deal with each other from now on, which also made us wanting to leave.
Yesterday, we told the landlord that we would like to consider leaving. He agreed to the idea but requested the followiing;
Under our contract, you are required to pay the remainder of the twelve month lease you signed up for.
The only exception we would make is:
You would be required to pay monthly rent in full for the remainder of your 12 month lease term until the actual move in date of a new qualified tenant who would be agreeing to pay monthly rent of an amount at least equal to your current monthly rent of $3,100 and who agrees to a minimum 12 month lease term.
In addition we would require an additional two months rent to cover damages associated with early lease termination. This would cover:
1) costs needed to put the unit back on the market until unit is rented out. This includes costs related to advertising, marketing, travel and time required to show the unit to prospective tenants. Note that since school has started, it may take longer to rent out the unit.
2) costs needed to partially recoup custom work we did at your request. This includes brand new bathroom tiles and brand new carpets. Other prospective tenants whom we turned down for you did not ask for this kind of work to be done. We honestly went out of our way to create a comfortable new home for your family.
There is no early termination clause in the lease agreement, therefore there is nothing in the contract about the cost above. Regarding the custom work, we never asked them that doing a work would be a condition to move in. We just asked them to clean before we move in.
Please let me know how we should deal with this. If we are to move out, we need to let the landlord know today or tomorrow, but we don't want to pay the additional $6,200 that was not on the contract.
Do you see this going to court? If so, how, and what would be the cost associated to that?