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Lease Termination Levy - Tenant Issues

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meg1793

Junior Member
What is the name of your state? NC

I am the LL of a townhome in NC in which I rented out to a family back in October. they signed a 1-yr lease and then, at the end of January, told me that they were going to move out b/c (long story) they were going to take over another lease and live off of free rent.

In the lease that we signed, it states that a 'rerent levy' of $900 (one month's rent) will be assessed if they decide to break their lease. It also states that I would need a 60-day written notice (which I have never received). And, even if I did receive the 60-day notice, that would make their lease effective until, at the very least, the beginning of April.

When they left, there were some damages that I took care of, totalling $445. I have been a super gracious LL to them and have tried to identify with their financial situation, but have almost no pity for them or their irresponsibilities, seeing as how every month, they paid me late and I had to hunt them down just to collect.

That said, this is the deal that I made them: (btw, I have another tenant moving in 3/21)

they pay:
$900 early termination fee
50% on damage fees ($265 - i have the receipts)
20 days of pro-rated rent until new lease kicks in ($620)

They wanted to know if they could use their security deposit for the $900 levy and I told them that I would look into it (as in, make sure that's legal to do) and they would pay me the 265 + 620 outright in order to sign the lease termination form and be done with me.

Firstly, in NC, is it legal to use the SD as another form of payment between tenant/LL?

Secondly, they don't (of course) seem to think that I'm playing fair with them, when in all actuality, I feel that I could use the 60-day notice against them, and be able to charge them full rent until 4/1, or that i could charge them 100% of damages, as opposed to the 50% that I was willing to work with them on. my question is, is it legal to charge them all of the costs above? they did put me in a great big bind by moving out so early

Thirdly, what are my options if they don't want to pay? Would I be able to create a blemish on their credit report, or make a case in small claims court or garnish their wages?

thanks in advance! I know it's a lot. :)

P.S. they never returned their move-in checklist, so I'm pretty sure they're not going to have many rights as far as that's concerned...
 


MIRAKALES

Senior Member
The lease agreement is intended to be a binding contract, not to be altered by either party. Any agreements that the LL makes which contradict the lease agreement will make it more difficult to enforce the terms and conditions of the original lease agreement. The tenants have a one year lease agreement beginning October 1, 2007 through September 30, 2008. The sixty (60) days notice provision in the lease agreement would be applicable to the annual lease, not the early termination agreement. The sixty (60) days notice would take effect on or before July 31, 2008, which is sixty days prior to lease termination.

The tenants want an early lease termination and want to move-out by April 1, 2008. This would be a lease violation. The security deposit is intended only for property condition damages and repairs. In the case of unpaid rent, the security deposit can be applied toward the rent. LL has mitigated damages with a new tenancy beginning March 21, 2008 (before current tenant’s move-out date). That’s fine. The current tenant is not entitled to pro-rated rent for the month of March 2008. The current tenant is responsible for all the lease conditions which include the $900 early termination fee, $445 premise damages and repairs, the full month's March rent, etc. (The tenant bonus is not being lawfully sued for the balance of the lease agreement and lease violations.) In order to honor the original signed lease agreement, the LL would need to enforce the terms and conditions and collect the expenses and the damages in full.
 

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