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Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 30167
Experience:  Attorney
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Recently i moved out from rental apartment before the lease

Customer Question

hi there, recently i moved out from rental apartment before the lease ends. per the lease agreement i have to pay 2 x monthly rent for breaking the lease early, which i know in advance. but they also charge me another 2 x monthly payment for not giving advance notice. my question is, am i oblige to give a notice to avoid the penalty? as far as i reviewed the lease document i didn't read anything that says so. pls help.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

If the lease doesn't require advance notice to avoid an additional penalty, they can't charge you that. The purpose of charging someone two month's rent when they break a lease is to offset the money the landlord will lose from trying to find a new tenant. Tacking on an additional 2 months rent would amount to a penalty for breaking a contract, and the law frowns on that as a matter of public policy. They have a right to be put in the same position they'd be in if you hadn't broken the lease (meaning, they get rent until they can find a new tenant). They're not allowed to PROFIT for you breaking the lease.

You don't have to pay extra and can sue for a refund if they keep your security deposit for this reason.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Expert:  Lucy, Esq. replied 1 year ago.

Did you have any more questions about this?