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Barrister
Barrister, Lawyer
Category: Real Estate Law
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Experience:  14 years real estate, Realtor. Landlord 24+ years
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I signed a 6 month rental agreementand now want to get out

Resolved Question:

I signed a 6 month rental agreementand now want to get out of it if I can. There is a termination paragragh requiring 60 days notice to terminat the lease but does that just mean that I must give them 60 days notice 60 days prior to leases end or can I get out of it with 60 days notice and the penalty being having to pay an additional months rent.

Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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Does the lease have an automatic renewal clause that states if you don't give 60 days notice the lease renews itself for another term?
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What is the reason you want to terminate the lease?
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Is the property uninhabitable or defective in some way?
.
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Thanks
Barrister


Customer: replied 1 year ago.


It does not have an automatic renewal.


It has a termination clause that reads:


Tenant may,upon 60 days written notice to lanlord,terminate this lease provided that the tenant pays a termination charge equal to 1 months rent or the maximum allowed by law,whichever is less, Termination will be effective as of the last day of the calendar month following the end of the 60 days notice period. Termination charge will be in additioin to all rent due up to the termination day.

Customer: replied 1 year ago.

Our 41 year old blind mentally challenged daughter fell while trying to walk up the two steps to to other living area and now is staying with our other daughter. I see nothing in the lease that states we need to give a reason to get out of it.

Expert:  Barrister replied 1 year ago.
Ok, if this is specifically an "escape clause" that allows the tenant to terminate for any reason with a 60 day notice and payment of a one month termination charge, then if the tenant takes advantage of it and terminates, the landlord would have no further recourse against them.
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Typically you see the 60 day notice requirement along with an automatic renewal clause that states if you don't give 60 days notice the lease renews for an entirely new term.
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But this is a reasonably tenant-friendly lease although the landlord may not have realized it so I would opine yes, if tenant gives 60 day notice and pays for the entire 60 days along with the one month termination fee, they can terminate the lease without the landlord having any further recourse at that point.
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Thanks
Barrister
Customer: replied 1 year ago.

it just states termination clause and goes on to state what I already stated

Expert:  Barrister replied 1 year ago.
Right, it is just commonly called an "escape clause" because it gives the tenant the option of getting out of the lease by paying some type of up front fee to be released.
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But based on your comments, there are no conditions or restrictions on the tenant exercising the option other than giving 60 days notice and paying the one month termination fee..
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.
Thanks
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 24273
Experience: 14 years real estate, Realtor. Landlord 24+ years
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