Tenant Wants to Break Lease
Hey guys,
I just got notice from my tenant today that he wants to break the lease for two properties that he's currently renting out. The lease does not expire till 9/30/2014 and 1/31/2015 respectively. I went through the lease and I found this paragraph in the lease.
It is stipulated and agreed that in the event of the termination of this lease pursuant to (a) hereof, Owner shall forthwith, notwithstanding any other provisions of this lease to the contrary, be entitled to recover from Tenant as and for liquidated damages an amount equal to the difference between the rent reserved hereunder for the unexpired portion of the term demised and the fair and reasonable rental value of the demise premises for the same period. In the computation of such damages the difference between any installment of rent becoming due hereunder after the date of termination and the fair and reasonable rental value of the demised premises for the period for which such installment was payable shall be discounted to the date of termination at the rate of four per cent (4%) per annum. If such premises or any part thereof be re-let by the Owner for the unexpired term of said lease, or any part thereof, before presentation of proof of which liquidated damages to any court, commission or tribunal, the amount of rent reserved upon such reletting shall be deemed to be the fair and reasonable rental value for the part or the whole of the premises so re-let during the term of the re-letting. Nothing herein contained shall limit or prejudice the right of the Owner to prove for and obtain as liquidated damages by reason of such termination, an amount equal to the maximum allowed by any statute or rule of law in effect at the time when, and governing the proceedings in which, such damages are to be proved, whether or not such amount be greater, equal to, or less than the amount of the difference referred to above.
I tried my best to understand what this states but I do not understand it completely. Does it state that I am able to claim the difference between how much I am currently charging my tenant and how much the fair market value after I deduct a 4% discount from it? If so, what if the fair market value is lower than what I am currently charging?
Thanks for your help guys!