Q: My leasing company is requiring me to pay 4 months rent to end the lease, 60 day and two month penalty. Is this legal?
I have to provide 60 day notice, pay those two months and then pay a two month penalty at the end as well to get out. I've already moved due to work relocation but I am still continuing to pay there. Any thoughts? Thanks!
A: The answer to your question depends on facts that are not provided here, such as the precise terminology in your lease/termination agreement, and the location of the rental. That being the case, I recommend organizing your lease and any communications you have in writing from your landlord regarding this matter, and consulting with an attorney individually to explore your options, as your landlord at minimum has a duty to mitigate damages, and may be willing to work out a deal if persuaded by counsel.
A:
Does your lease say anything about early termination? If it does, then it controls the situation. If it does not, it seems your choices are:
(1) continue paying the monthly rent until the lease expires (even if you've vacated the premises);
(2) find a subtenant acceptable to the landlord to occupy the premises (though this leaves you liable for the rent if the subtenant doesn't pay and any damage caused by the subtenant);
(3) negotiate a better deal with the landlord; or
(4) accept the deal the landlord is offering.
As to your question about the legality of what the landlord is trying to do, I am not aware that it is illegal.
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