Wheaton, IL asked in Real Estate Law for Indiana

Q: Can a LL change lease break from 1 mo. rent to 3 after I agree to proceed w orig terms? (nothing signed yet just emails)

Contacted 2.5 months in advance for lease break policy. Was informed I would have to pay fee equal to one months rent and all rent until new tenant moves in. I agreed to proceed, at which point I was told the leasing company had to get permission from home owner. They've received this permission, but are now telling me they've changed their policy and I have to pay lease break fee = 3x rent (but not be responsible for rent until new tenant moves in). Received original lease break amendment policy June 7. Notified leasing company July 12 that I wished to proceed with lease break and would be moving out at the end of September (plenty of notice??). They reiterated that I would have to pay fee equal to one months rent and be responsible until new tenant moves in. I confirmed I wished to proceed. Heard nothing back until 7/20, at which point they said they had received owner's permission, and that they've changed their lease break policy, which is now equal to 3x rent.

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1 Lawyer Answer
Alexander Florian Steciuch
Alexander Florian Steciuch
Answered
  • Valparaiso, IN
  • Licensed in Indiana

A: You should consult with a local landlord/tenant attorney. The best course of action is to document everything that has occurred, including all of your communications and the lease breaking policy in case this ever has to go to court. Until then, find a local landlord/tenant attorney and at least consult with them.

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