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Job transfer clause in the lease agreement

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desi_blr

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



Dear Sir/Madam,

I am planning to rent a single home in MI for 24 with a 24 months contract. Currently I am in the 13th month of the lease now
I changed my job to a different company and I have to move out of MI now.

My rental agreement has a clause that states "In case of a job transfer renter can terminate the lease with a 90 days notice"

What is the meaning of this statement?

Does this holds good even if I have to move out of state due to a change in the job (to a differrent company) or
should it be the job transfer with in the same company that I am working now?

Kindly let me know about it. I don't mind 3 months rent. Otherwise, I am looking at a very high penalty.

Thanks all.
 


BL

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



Dear Sir/Madam,

I am planning to rent a single home in MI for 24 with a 24 months contract. Currently I am in the 13th month of the lease now
I changed my job to a different company and I have to move out of MI now.

My rental agreement has a clause that states "In case of a job transfer renter can terminate the lease with a 90 days notice"

What is the meaning of this statement?

Does this holds good even if I have to move out of state due to a change in the job (to a differrent company) or
should it be the job transfer with in the same company that I am working now?

Kindly let me know about it. I don't mind 3 months rent. Otherwise, I am looking at a very high penalty.

Thanks all.
Ask your landlord ( which should have been explained before signing ).

Having said that I would presume full 90 days notice before the next rental period start with proof of transfer most likely would suffice.
 

desi_blr

Junior Member
Ask your landlord ( which should have been explained before signing ).

Having said that I would presume full 90 days notice before the next rental period start with proof of transfer most likely would suffice.
BL,

Thanks for your response.

I can provide the proof of transfer due to the change in the job.

Can that be considered as a job transfer? My only concern is that I am not moving with in the same company. I am moving to a different company outside MI.
 

Banned_Princess

Senior Member
BL,

Thanks for your response.

I can provide the proof of transfer due to the change in the job.

Can that be considered as a job transfer? My only concern is that I am not moving with in the same company. I am moving to a different company outside MI.
doesn't matter, you are lucky to have that clause in your lease at all.

I would give a written 90 day notice that you are moving for employment reasons, per your lease.

give the notice before your next rent payment is due, and pay the 3 months, and move out.
 

BL

Senior Member
BL,

Thanks for your response.

I can provide the proof of transfer due to the change in the job.

Can that be considered as a job transfer? My only concern is that I am not moving with in the same company. I am moving to a different company outside MI.
It's a losey worded clause ( it doesn't specify transfer with the same Co. ).

I'm sure your LL will take your notice and 3 months rent .

Just get it writing that once moved out by the 90 days notice the lease is terminated.
 
Last edited:

Gail in Georgia

Senior Member
It's not unusual that a lease might have what can be considered a "buy out" clause, allowing a tenant out of a lease with adequate (i.e., written) notice and a certain number of months rent.

This allows the landlord to be able to "cover" the time the rental unit is empty without loss of rent revenue and also excuses the tenant from any further legal obligation for rent.

Simply notify the landlord (again, in writing is best) of your job transfer and be done with it.

As mentioned, it's always a good idea to get the termination approval in writing for your records.

Gail
 

BL

Senior Member
It's not unusual that a lease might have what can be considered a "buy out" clause, allowing a tenant out of a lease with adequate (i.e., written) notice and a certain number of months rent.

This allows the landlord to be able to "cover" the time the rental unit is empty without loss of rent revenue and also excuses the tenant from any further legal obligation for rent.

Simply notify the landlord (again, in writing is best) of your job transfer and be done with it.

As mentioned, it's always a good idea to get the termination approval in writing for your records.

Gail
I don't this is a case of a buy out clause ,but certainly if the tenant is going to move right away after giving notice paying the 90 days , it equals out to the same .
 

FarmerJ

Senior Member
Because that clause is so vague its actually to the tenants benefit since a transfer could in theory be a short enough distance to commute it. One of the sites in the firm i have worked at is a 130 mile round trip , in the winter that would have stunk to do it regularly thankfully it was only to assist with shifts when they had no one who could drive company vehicle. As long as the tenant follows what the lease calls for re the transfer theres no way LL can reject it easily and win in court since the clause is so vague.
 

sandyclaus

Senior Member
...
I changed my job to a different company and I have to move out of MI now.

My rental agreement has a clause that states "In case of a job transfer renter can terminate the lease with a 90 days notice"...
I'd have to disagree with the majority of responses here.

While the clause appears vague, it does make the distinction that you can terminate because of a job transfer, NOT a change in jobs altogether.

Transfer implies that you are with the same company and they are moving you to a different job location. That kind of thing is usually NOT a voluntary move, but one that is often required by the employer in order to maintain employment with that company.

Changing jobs by seeking employment to an entirely different company is most often a VOLUNTARY change of circumstance. You can CHOOSE to stay with the current employer at their location, and keep the rental where it is, or by moving to a DIFFERENT location, you require relocation in order to be closer to the new job.

I believe that because of the fact that you are CHOOSING to become employed at another company in a different state, the LL will NOT see it as a transfer (involuntary) but instead see it as a VOLUNTARY employment option, and therefore might not apply to invoke that lease termination clause.

Indeed, you are very lucky that your lease has such a clause at all, as most do not. But seeing the circumstances for your move, I still don't think it applies to your situation, and I don't believe that your LL will consider it valid grounds to invoke your early termination clause.
 

HomeGuru

Senior Member
My take is that the intent of the clause is to permit the tenant to move due to a change in job location regardless of same company or different company.
 

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