Landlord trying to tell us we can't get out of our lease.

[kpfairchild]

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

I'm trying to see their side of this, but in reading our lease agreement, there's an early move out clause :

17. Early Move Out Requirements. Lessee will provide 30 days advance notice of intent to vacate. If less than 30 days notice is received the following months rent will be due.

They are trying to say, even with this clause in the lease, the lease is still a 12 month lease and we are required to pay rent until they find someone to take over the lease. I think that this clause (though highly unfavorable for them to have it in the contract) lets us out of the lease with 30 days notice. Am I wrong? I'm having a hard time thinking that this clause doesn't mean I can move out and stop paying them rent with 30 days notice.

Thanks for any insights,
Kenneth

 

[Ohiogal]

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

I'm trying to see their side of this, but in reading our lease agreement, there's an early move out clause :

17. Early Move Out Requirements. Lessee will provide 30 days advance notice of intent to vacate. If less than 30 days notice is received the following months rent will be due.

They are trying to say, even with this clause in the lease, the lease is still a 12 month lease and we are required to pay rent until they find someone to take over the lease. I think that this clause (though highly unfavorable for them to have it in the contract) lets us out of the lease with 30 days notice. Am I wrong? I'm having a hard time thinking that this clause doesn't mean I can move out and stop paying them rent with 30 days notice.

Thanks for any insights,
Kenneth

How far from the end of your lease are you? What does the rest of the lease state? Because quite frankly, you can't read one clause and have that mean what the ENTIRE lease states.

 

[FarmerJ]

landlords are held to a higher standard when it comes to lease language so a lease should not have any terms that contradict the other so I too see that clause in the lease as a way for tenant to get out of the lease and I were the tenant and I had to argue this in a court I would want to know why it was there at all if the lease were truly multi month then the lease would not give a way to end it early. I cant see why a court would allow a landlord to claim a lease did not have a way to end it early with that clause in it. ( your landlord is suppose to be the pro , they are in a business so I have a hard time seeing a court letting them be wishy washy on this issue ) so do your self a favor and make a copy of your lease store it off premise and when you give your notice again to the LL following the terms laid out in the lease for ending the lease.

 

[STEPHAN]

Just make sure that this is not part of a section that describes what happens once the initial contract period has ended.

 

[kpfairchild]

How far from the end of your lease are you? What does the rest of the lease state? Because quite frankly, you can't read one clause and have that mean what the ENTIRE lease states.

We're like 8 months away from the end of the lease. The other potentially relevant parts of the lease are the following

9. Security. The security deposit in the amount of ______, shall secure the performance of Lessee's obligation hereunder. Lessor may, but shall not be obligated to, apply all or portions of said deposit for (a) accrued rent Example: for lost rent until Lessor re-rents if Lessee moves out before lease term expires. .... (some other points related to damages and cleanliness) ..... Any remaining balance shall be returned to Lessee. Lessee shall not have the right to apply the security deposit in payment of the last months rent.

11. Deposit Refunds. The balance of all deposits shall be refunded within three (3) weeks from date possession is delivered to Lessor, together witha satement showing any charges made against such deposit by Lessor.

12. Termination. This Agreement and the tenancy hereby granted may be terminated at any time after 12 months by either party hereto by giving to the other party not less than one full month's prior notice in writing.

17. Early Move Out Requirements. Lessee will provide 30 days advance notice of intent to vacate. If less than 30 days notice is received the following months rent will be due.

20. Term. The term will begin on 04/03/2014 and will automatically renew on a month to month basis at the end of the term. Lessee agrees to rent the premises for a period of at least 12 consecutive months. If lessee fails to renew the lease at the end of the term, but chooses to continue to rent the premises, rent will automatically increase $50 without written notice.

So to be more specific, the landllord is claiming the language of 12 and more particularly 20 say the lease can't be terminated early (but I don't even think that's true under Utah law). But I am thinking that 9(a) reinforces my interpretation of 17 by giving an early move out as a reason they can take money out of the deposit. So I may not get much or any of the deposit back (losing up to 3 weeks rent out of the deposit per 9 and 11), but if I'm reading these clauses right, I think I should be in the clear in regards to the monthly obligation. Yes?

 

[Ohiogal]

Taken as a whole you have issues. Take this to an attorney and have them review it. You could find yourself on the losing end of a lawsuit if you try to move.

 

[kpfairchild]

Taken as a whole you have issues. Take this to an attorney and have them review it. You could find yourself on the losing end of a lawsuit if you try to move.

When you say that I have issues are you saying I have issues in terms of my landlords having a more proper interpretation, or I have issues in terms of the lease having conflicting language, or are you talking about my mental status ?

 

[Ohiogal]

When you say that I have issues are you saying I have issues in terms of my landlords having a more proper interpretation, or I have issues in terms of the lease having conflicting language, or are you talking about my mental status ?

I wasn't saying anything about your mental status. I believe there are issues but who they benefit I do not know because it is possible your landlord has a more proper interpretation than you and I don't know all the caselaw in your state. Hence an attorney who can review the ENTIRE lease would be a good bet and it won't cost you a heck of a lot.

 

[kpfairchild]

I wasn't saying anything about your mental status. I believe there are issues but who they benefit I do not know because it is possible your landlord has a more proper interpretation than you and I don't know all the caselaw in your state. Hence an attorney who can review the ENTIRE lease would be a good bet and it won't cost you a heck of a lot.

Alright, thank you so much for your help.

 

[STEPHAN]

[...] or are you talking about my mental status

From the few postings you have done here, it does not look like that. But I am sure a psychiatrist will help you invent the proper problem if you don't have one yet. ;-)

 

[LindaP777]

"Lessee agrees to rent the premises for a period of at least 12 consecutive months."

It does not sound like you fulfilled this part of your lease.