Any lawyers out there?

[fgms]

If anyone can help me interpret this from a residential lease I would appreciate it.

This is a statement in the lease: All parties agree that termination of this Agreement prior to termination date will constitute breach of the tenancy and all Security Deposits and one full month's rent shall be forfeited in favor of Landlord as liquidated damages plus you will be charged the cost of restoring property to rental condition and rent loss incurred utnil the new resident moves in.

Now here is the scenario: Lease end date is 3-31-06= tenant decided to terminate on 12-31-05 instead- what are the losses to be paid? The deposit was $1075 and that is the monthly rent also. A new tenant is scheduled to move in on 2-10-06

Is the amount due: $1075 deposit kept by landlord +1075 rent for month + rent for 2-1-06 to 2-9-06 + any damages after condiiton report done

or $1075 deposit kept + 1075 for Jan. 1-31 + $333 for Feb. 1-9 + $1075 for one month forfeited + damages

or $1075 deposit kept = 1075 for one month loss + 333 for Feb.1-9 and damages are not added on?

Can someone help?

 

[mickeyfan2]

I am not a lawyer, but my reading of the wording results in: $1075 deposit kept + 1075 for Jan. 1-31 + $333 for Feb. 1-9 + $1075 for one month forfeited + damages

 

[BethanyF]

as a property manager several years ago, we would have charged:
full security deposit
damages (if any)
rent for any days the unit is not occupied until the end of the original lease.

However, we could have also charged another full month's rent because of that terminology in the lease. More often than not, we only charged for any days the unit remained empty. But we also didnt hustle to fill that unit when we had other unrented units.

 

[summerrluvv]

I am not a lawyer, but my reading of the wording results in: $1075 deposit kept + 1075 for Jan. 1-31 + $333 for Feb. 1-9 + $1075 for one month forfeited + damages

That's what it sounds like to me too. That's a lot for breaking the lease! We broke a lease once, but it had a clause that stated if there was a job transfer that was more than 50 miles away, we could break the lease and only forfeit the deposit.

 

[fgms]

That is what I was thinking after rereading the lease.

It is alot for breaking the lease and we would not normally hold anyone to all of that especially if they had a job transfer or something legitimate.

 

[Pop Daddy]

Im not a Lawyer but women lawyers make me hot

 

[nwdisgal]

Im not a Lawyer but women lawyers make me hot