Lease review after my year is what I thought was over

Lease review after my year is what I thought was over

Real Estate Agent · Philadelphia, PA · Member since 2013 · 310 posts · 34 votes
MY LEASE STATES TENANTS ENDING LEASE EARLY Tenants may not end this lease and move out before the ending date of the lease or any renewal terms UNLESS tenants does all of the following A tenants continues to pay rent until the ending of the date of the lease , or any renewal term or until a new tenant is approved by the landlord and a new lease takes place , which happens first AND tenant gives landlord at least 60 day written notice and tenant pays a landlord a termination fee of 1,200. I am having an issue getting out of my lease now that my year is complete ( no back rent owed)Any advice would be appreciated?
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Patrick LiskaPro Member
Investor · Verona, NJ · Member since 2014 · 1k+ posts · 832 votes
9y

And just to add, the 60 day notice is just for if you plan to leave early, is there another clause in the contract that may say 30 day notice if you are leaving at the end of the contract ? I am not a Lawyer but if there is no clause that you have to give notice that you are leaving at the end of your lease, then just go. that 60 day notice seems to me is if you are planning on leaving before the lease is up.

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  • Patrick LiskaPro Member
    Investor · Verona, NJ · Member since 2014 · 1k+ posts · 832 votes
    9y

    Did you notify the Landlord that you were moving out before your lease was up ? that part of the agreement is if you left early, but here is the kicker, if you did not let them know you will be leaving when your lease was up your lease may automatically renew for another year ? therefore they may consider you signing for another year and you would be into that lease already, so they may say you are leaving early. find out if there is an automatic renewal on the lease agreement and if not and you gave them notice you were leaving, then you should not have any problems getting out of it. most leases you have to resign every year but just by chance, check to make sure they do not have the auto renewal if you pay for a month over the lease term.

  • Patrick LiskaPro Member
    Investor · Verona, NJ · Member since 2014 · 1k+ posts · 832 votes
    9y

    And just to add, the 60 day notice is just for if you plan to leave early, is there another clause in the contract that may say 30 day notice if you are leaving at the end of the contract ? I am not a Lawyer but if there is no clause that you have to give notice that you are leaving at the end of your lease, then just go. that 60 day notice seems to me is if you are planning on leaving before the lease is up.

  • Investor · Vancouver, WA · Member since 2013 · 3k+ posts · 4k+ votes
    9y

    What is the end date of your current lease? Notify the property manager/landlord in writing of your intent to vacant at the end of your lease term. Then complete your move-out on time and leave the place clean and without damages. Take photos of the condition of the unit upon your departure. Request a move-out walk through with the property manager/landlord.

    This clause only states what happens if you vacate before the end of your lease term. There is nothing here that suggests the lease will automatically renew. Is this an apartment in a big complex? Are you talking to the right person? They can't force you to stay beyond the end of your lease term or charge you a penalty if you leave when your lease is up.

  • Real Estate Agent · Philadelphia, PA · Member since 2013 · 310 posts · 34 votes
    9y
    My lease end date is April 30,2017. I have spoken to property management but had no success at contact owner of the unit. Marcia Maynard
  • Real Estate Agent · Philadelphia, PA · Member since 2013 · 310 posts · 34 votes
    9y
    Property management stated to me over the phone that I couldn't leave because I didn't give a two months notice.
  • Member since 2016 · 13k+ posts · 12k+ votes
    9y

    Your PM is correct except you can give 2 months notice prior to April 30th and leave you simply need to pay the additional two months rent.

  • Investor · Vancouver, WA · Member since 2013 · 3k+ posts · 4k+ votes
    9y

    @Precious Thompson  I would suggest you prepare to leave by April 30, 2017 and contact a tenant advocate to assist you in reviewing your lease terms and communicating with property management. In most big cities you will find a tenant advocacy group that will help you sort this out. 

    You need to put in writing, and make a copy for your records, your intent to vacate the unit at the end of your lease, April 30, 2017. A lease can only automatically renew if you don't move and/or the terms for automatic renewal are clearly stated in the lease. Don't let the property manager mislead you. If you stay one minute past midnight, into the month of May, you're going to be stuck with owing more rent.

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    I just googled "tenants union Philadelphia"and indeed your city has a strong organization that can help you better than we can. Go to:  http://phillytenantsunion.org/

    Good luck!

  • Real Estate Agent · Philadelphia, PA · Member since 2013 · 310 posts · 34 votes
    9y
    With further review I did sign an automatic renewal agreement but thank you very much for the advice I'll have to pay the $1,200 to leave.
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