Lease Break - unique situation for me.

[justalayman]

And I’m sure their version is more inline with;

He agreed to terminate the lease proven by the fact he requested a final date we would be in the unit. He even had a lease intending to start on that date tentatively approved.

If you charged them the early term fee, this entire discussion is moot. That does terminate the lease. You can’t charge them for an early termination and then decide you would rather not terminate the lease. I don’t recall seeing where you answered my previous question of whether you charged them the early termination fee you said is in the lease terms.

 

[pixelrogue1]

And I’m sure their version is more inline with;

He agreed to terminate the lease proven by the fact he requested a final date we would be in the unit. He even had a lease intending to start on that date tentatively approved.

If you charged them the early term fee, this entire discussion is moot. That does terminate the lease. You can’t charge them for an early termination and then decide you would rather not terminate the lease. I don’t recall seeing where you answered my previous question of whether you charged them the early termination fee you said is in the lease terms.

My apologies - i forgot to respond to the question. No lease break has been charged (yet.) The lease i cludes provisions for lease breaks and lease buyout.

While I agree tenants are full of hot air - this is borderline where I prefer a cleaner story if it (likely) heads to court

 

[justalayman]

My apologies - i forgot to respond to the question. No lease break has been charged (yet.) The lease i cludes provisions for lease breaks and lease buyout.

While I agree tenants are full of hot air - this is borderline where I prefer a cleaner story if it (likely) heads to court

If you think they are full of hot air i suggest you figure out a very different manner in which to state your case. What I see here is you have agreed to the lease terminating on the date provided by the tenant. That is proven by your failed attempt to engage another tenant. Your request for a final date of pososession which you used to negotiate your newest lease shows your acceptance of the terms. You’ll look pretty silly if you go to court and tell a judge;

Well, no, I didn’t believe I agreed to a termination of the lease even though I attempted to sign a lease where the starting date was based on the last date of occupancy provided to me by the opposing party when I asked when tbey would be out of the apartment. What would make you think otherwise?

Unless you have granted them an exemption of the lease termination terms within the lease, I suggest you stand on that and make a demand for whatever it states.

Ya see, if you didn’t agree to a termination of the lease, there is no actionable breach until they fail to make payment in any given month. If they have vacated the unit as well you can show abandonment. If they were still in the apartment, even if it appeared they were moving or even said they were, there is no abandonemen, yet. At best, if they failed to pay rent when due, you have a right to issue a notice to pay or quit.

 

[pixelrogue1]

Verbal agreement was a move out date based on the execution of a new lease.
The written portion only included an exit date with the tenant signature.

Tenant immediately claimed a high volume of costs associated with that date. Immediate, meaning when during the communication (within hours of the written notice) - and as an example airfare to fly in in relatives to assist with the move. Curious in some ways, as such expenses far outweigh the costs asociated with hiring professional movers.

Lease break fee has not (yet) been charged. The lease does provide such provisions as well as a lease buy-out.

 

[HRZ]

Let's try this again...all the oral deals and conditions are tossed ....just the written contract counts ...and the written notice as written . ...

I still think the overall picture sinks your point of view as an equitable matter ...but tell it to the judge.