clarification - small section of lease

[Trulypoor]

This might seem like a silly question, but I was hoping for help clarifying this final sentence in the Notice to Vacate section of my lease.

"Tenant will be liable for one full month's rent from the time written notice is given or for rent through the end of the lease term, whichever is later."

I need to get out of my lease which has about 7 months left. I have several ways of getting out of the lease, but I would like to be clear on this statement. I understand what the sentence is saying and why they say it, but I am curious if this statement could be considered unclear or weak in a courtroom. They are saying if I give 30 days notice while there are 30 days left on the lease then I will owe the last months rent of course. it also means that if I give notice 6 months before my lease ends that I will be responsible for rent till the end of my lease. can they even legally charge me the entire rest of the lease if someone else moves in? also does the sentence seem weak enough to get out of paying the rest of the lease in a worst case type scenario?

Thanks for your thoughts about this.

 

[STEPHAN]

What is the name of your state (only U.S. law)?

 

[Trulypoor]

Ok

the state I am residing in currently is the state of Oklahoma

 

[adjusterjack]

The Oklahoma Residential Landlord Tenant Statute contains the following sections that are applicable to your situation:

41.105A - A. An aggrieved party under the provisions of this act has a duty to mitigate damages.

41.129 - B. If the tenant wrongfully quits and abandons the dwelling unit during the term of the tenancy, the landlord shall make reasonable efforts to make the dwelling unit available for rental. If the landlord rents the dwelling unit for a term beginning before the expiration of the rental agreement, said rental agreement terminates as of the commencement date of the new tenancy. If the landlord fails to use reasonable efforts to make the dwelling unit available for rental or if the landlord accepts the abandonment as a surrender, the rental agreement is deemed to be terminated by the landlord as of the date the landlord has notice of the abandonment. If, after making reasonable efforts to make the dwelling unit available for rental after the abandonment, the landlord fails to rerent the premises for a fair rental during the term, the tenant shall be liable for the entire rent or the difference in rental, whichever may be appropriate, for the remainder of the term. If the tenancy is from month-to-month or week-to-week, the term of the rental agreement for this purpose is deemed to be a month or a week, as the case may be.

And there are other important sections that say:

41.113 - A. A rental agreement may not provide that either party thereto:
1. Agrees to waive or forego rights or remedies under this act;

41.113 - B. A provision prohibited by subsection A of this section and included in a rental agreement is unenforceable.

All of the sections can be found at:

http://www.oscn.net/applications/oscn/index.asp?ftdb=STOKST41&level=1

What that means is that anything in the lease that is contrary to the statute doesn't count.

If you need an explanation of 41.129 - B, let me know.

 

[Trulypoor]

Thank You

Thank you very much that was very helpful for my situation. There is one other thing I could use some advice on.. I had to give a 1100 dollar deposit. that is a large amount of money for me right now.. I am hoping I can get out of the lease without forfeiting my deposit.. any advice or knowledge about how to do so would be greatly appreciated!

 

[adjusterjack]

I had to give a 1100 dollar deposit. that is a large amount of money for me right now.. I am hoping I can get out of the lease without forfeiting my deposit.. any advice or knowledge about how to do so would be greatly appreciated!

I'll answer that by giving you examples.

Let's say that today was your rent due date for December. You paid it and along with the rent you gave written notice that you would be out by the end of December.

December 31 comes along, you're out and you surrender the keys to the landlord.

January 1 is when the clock starts running on mitigation. The clock stops on the day that the landlord gets a new tenant.

You owe rent for that period which means that you don't get your deposit back until the new tenant is in and your deposit is reduced by the rent you owe plus any costs that the landlord incurred to re-rent.

Now let's say that you packed up and surrendered the keys today without paying rent for December. December 2 is when the clock starts running on mitigation and stops the day the landlord gets a new tenant. You are still liable for rent and costs for that period so you don't get what's left of your deposit (if anything) until after the new tenant is in.

Either way you don't get your deposit back when you move out. How soon the landlord re-rents depends on local rental market factors. Could be a week, could be a couple of months, or any amount of time in between. And if your deposit isn't enough to cover the intervening period that the unit is unrented, you will be liable for the additional amount above and beyond the amount of your deposit and can be sued for it.

Understand that, by breaking the lease 7 months before expiration, you are in breach of contract. As far as the law is concerned you are the bad guy and the landlord is the financially damaged party that the law favors.