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Breaking lease early, unjust enrichment in Pa
I appreciate your comments. Interesting to discuss. The apartment is immaculate, they haven't changed the rugs in 20 years, can't see a valid claim for damages. Ill give them a grand or 2 not 5000 Judgments certainly are a burden, but a BK will eliminate them, you can even buy a house, 2...- pfan
- Post #41
- Forum: Landlord / Tenant Issues
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Breaking lease early, unjust enrichment in Pa
I appreciate your comments. the point I was making is that they will rerent the unit quickly, they cant sue me and collect rent at the same time and profit from both. If they rent it they mitigated their own damages. They are under no obligation to mitigate maybe, but no one is going to keep...- pfan
- Post #39
- Forum: Landlord / Tenant Issues
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Breaking lease early, unjust enrichment in Pa
The lease was ending anyway, so what difference does the 10 days make, I agreed to stay an additional month. The costs to the landlord are the same, there is zero difference, whether or not I signed the renewal on time, its 10 days. How is the landlord damaged? They are not. If they get a new...- pfan
- Post #37
- Forum: Landlord / Tenant Issues
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Breaking lease early, unjust enrichment in Pa
Why isn't it called that then? What are they specifically calling for 3.5 times my rental as a calculation. They have to be able to justify what the fee is for, from what I understand. It would be breaking the lease, as by not responding. in time the lease was renewed, so at this point, I have...- pfan
- Post #35
- Forum: Landlord / Tenant Issues
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Breaking lease early, unjust enrichment in Pa
Its specifically called a lease break fee, its says so on the lease, so it isn't a fee for breaking the lease? That doesn't make sense.- pfan
- Post #33
- Forum: Landlord / Tenant Issues
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Breaking lease early, unjust enrichment in Pa
Yes as usual, Im being given different advice by attorneys, one said it would be unjust enrichment especially if they rented right away, the fee is obviously a fee for breaking the lease. It had something to do with a doctrine of fairness in contract law. I have found its harder to find a good...- pfan
- Post #31
- Forum: Landlord / Tenant Issues
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Breaking lease early, unjust enrichment in Pa
And also the new lease is 10 days old, I just missed my notice to not renew by 10 days, certainly 3.5 months times the rental amount is not justified. I could have contacted them 10 days earlier and had no termination fee. How can they justify the fee? They are also forcing me to stay an...- pfan
- Post #29
- Forum: Landlord / Tenant Issues
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Breaking lease early, unjust enrichment in Pa
I did find that also, the landlord is under no duty to mitigate his losses, but if he DOES find another tenant, his losses are mitigated, and he can't sue for unjust enrichment. or something to that affect. https://www.leagle.com/decision/199427522padampc4th2531238 The above is what your...- pfan
- Post #26
- Forum: Landlord / Tenant Issues
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Breaking lease early, unjust enrichment in Pa
Yes. Although the fee has to be justifiable, if the landlord finds a tenant and is not at a loss, A judge might now allow this. Its is equal to 3 months of rent, I didnt say it was rent. Hence the term "unjustifiable enrichment" Plus the fact that my lease just renewed, its 8 days old.- pfan
- Post #25
- Forum: Landlord / Tenant Issues
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Breaking lease early, unjust enrichment in Pa
I get it. Unfortunately they have already threatened to ruin my credit. I dont want a judgement against me either. Any battle with them they will go out of their way, to make sure I can't rent again, or get a mortgage.- pfan
- Post #21
- Forum: Landlord / Tenant Issues
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Breaking lease early, unjust enrichment in Pa
My total costs to leave is over 8000 dollars. 2 months rent 60 days, and 3.5 months penalty, my rent is 1500- pfan
- Post #20
- Forum: Landlord / Tenant Issues
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Breaking lease early, unjust enrichment in Pa
The units rent very quickly.- pfan
- Post #18
- Forum: Landlord / Tenant Issues
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Breaking lease early, unjust enrichment in Pa
Its Bethlehem Pa. I am certainly willing to help find a replacement, even paying a discount, if the new tenants rate is below, what Im paying. Whats disgusting is I have rented for 17 years, and I am being treated this way. I have owned houses myself in the past and was always fair when a...- pfan
- Post #17
- Forum: Landlord / Tenant Issues
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Breaking lease early, unjust enrichment in Pa
Thank you it is Pa, from what I understand the landlord doesn't have to attempt to mitigate damages, BUT if he does get another tenant, he cannot profit, from my leaving and paying the break fee of 3.5 months.- pfan
- Post #16
- Forum: Landlord / Tenant Issues
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Breaking lease early, unjust enrichment in Pa
They want me to stay for 2 more months, and pay a penalty of 3.5 months My rent is 1500 per month.- pfan
- Post #15
- Forum: Landlord / Tenant Issues
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Breaking lease early, unjust enrichment in Pa
Yes, I can certainly find out, if I hire an attorney, they have to be truthful. My attorney can get a copy of their records. I would be willing to get the unit rented myself. Even paying a few hundred off the first few months for the new tenant.- pfan
- Post #7
- Forum: Landlord / Tenant Issues
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Breaking lease early, unjust enrichment in Pa
Yes unless I otherwise tell them I was leaving, it would auto renew. the last lease I signed said I could terminate by paying 3.5 months rent, which is absurd, the units rent quickly. So I have to give them 60 days notice and then pay 3.5 months rent. I'll find them a tenant myself. One...- pfan
- Post #5
- Forum: Landlord / Tenant Issues
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Breaking lease early, unjust enrichment in Pa
I was told this would be unjust enrichment, by an attorney, They would be double dipping, they want to charge 3.5 months rent as a penalty.- pfan
- Post #3
- Forum: Landlord / Tenant Issues
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Breaking lease early, unjust enrichment in Pa
Unfortunately I will be leaving my apartment I received a notice which stated, I had to advise if I was renewing my lease, it states it would automatically renew by July31st. (If I did not respond.) I found out 9 days late that I would have to be leaving. So I called them August 9th. and...- pfan
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- Replies: 41
- Forum: Landlord / Tenant Issues
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