"Can my rental company charge me a lease brekage fee?" Topic

I'm leaving my apartment before my lease expires. My rental company wants to charge me 1 months rent as a penalty. There is no stipulation about any type of penalty anywhere in my lease or the apartment specific addendum.

I've spoken with two different folks at the company, and one is insistant that I have a fee and the other is convinced that I would only have to pay if I damaged the apartment. And then, it would only be the price of the repairs.

I wondering, am I legally bound to pay this penalty? If I refuse, what recourse does the rental company have?

For reference, I'm in Boston, MA.

Thanks
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A

The question you ask is highly dependent on your local laws and there may be something on the city or county level.

I would check with the local colleges or the Yellow Pages to see if there is a renters' resource center. There is one loosely associated with the University of Wisconsin so there very well could be one in your area as well. If so, they should be able to help you out.

Here is a link:

link

It may or may not be applicable for Boston.

Massachusetts Tenant's Handbook

lectlaw.com/files/lat07.htm

Thanks IL. After calling a few places (yay for the Rental Housing Resource Center); it appears charging any type of fee to break a lease is illegal. Which is good.

The bad news is, I'm still on the books for the remainder of the lease; that is I owe for the remaining months.

I am assuming you have some sort of security deposit. I would be that you will get dinged for damage you didn't know you had.

According to MA law the landlord must make every effort to re-rent the unit ASAP to minimize damages (the balance of your lease) they can't legally leave it empty and expect you to pay the rent. How much of your lease is left to go?

link

Some locales will require the landlord pay back a percentage of your security deposit as well (after all, that's your money in their bank that they're generating interest / income from).

As for damages, if you have a camera take some photos before you vacate…

Bad link try the one below.

link

As for damages, if you have a camera take some photos before you vacate…

Well done Sumo. Also make sure there is a local paper in each shot showing the headline/front page. That way there is no doubt about the day the photos were taken.

Also report any and all maintenance to the landlord no matter how trivial it may seem to you.

Amanico:

Basically, they are letting you "Buy" out the lease by paying 1 month's rent instead of having to pay the remainder of the lease. As most leases require 30 days notice to move out anyways, this 'fee' is probably for that month's notice.

1 month rent vs 'X' months rent.

Be HAPPY about it! Some rental places aren't so nice.

I think what you have here, is a mishmash of terms, with the landlord calling it one thing, and the state another.

I think the 'fee' is the rent due for the 30 days notice that you are leaving. While the landlord MUST work to re-rent the unit, there is no guarantee that he will be able to find a tenant within 1, 2 or 3 months.

I'd pay the 'fee' if it gets you cleanly out of the lease.

That's pretty much what it boils down to. I pay 1 months rent to get out of paying the reaming 4. I'm not to happy about it, but I'll live.

Thanks for all the help
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"the reaming 4" -- how appropriate…

Whoa! Wait just a minute! Take a step back an put yourself in the owner's position. You signed a lease. That's a contract. Yet you seem to think that it's ok to simply pull up stakes and move on and ignore the agreement? Is ok to simply walk away from a finacial obligation? It would seem to me that you are in the wrong and they are being very understanding and cooperative by allowing you a low cost way out…and you're not happy about it?

My last landlord wouldn't let me out of the lease till I found someone to take it over. With 6 months left on it, I had to move to Seattle. They had a 'lease breaking' provision, but only if I had a new job within 100 miles of the old one. More than 100 miles, I was SOL.

Like somehow, I was supposed to find a permanent new job in the Twin Cities, when I had been looking for one for the past 3 years?

Screw em though, I had someone help me out, they took the new leasee, and I was gone.

Sounds to me you have a pretty decent landlord, and one month's rent is nothing to complain about. Obviously it isn't illegal, because they COULD legally be charging you for four months. Pay it and be thankful!