Q: Early Termination by Tenant clause - Explanation needed.
We have the Early Termination by Tenant clause in our rental lease. Our lease ends on May 31st 2024. We gave notice on December 29th 2023. How much do we pay? Is it 35% after we gave notice (which is 35% from Jan to May rent) or 35% of the months rent after we vacate ((which is 35% from Mar to May rent) ?
Early Termination by Tenant clause:
Tenant shall have the right to terminate this Lease early. If Tenant has a right to terminate the Lease early, Tenant must pay the 35% of the sum of the rental payments remaining during the current lease term.
I think, the clause seems ambiguous and is based on the interpretation. Landlord wants January to May's 35%. Tenant wants March to May's 35%.
A: The early termination clause in your Georgia lease agreement specifies that upon early termination, the tenant is required to pay 35% of the sum of the rental payments remaining for the current lease term. The ambiguity arises from whether this calculation should start from the date notice was given (January to May) or from the date the tenant vacates if later than the notice date (e.g., March to May). Typically, the interpretation would favor the clearer intent of compensating the landlord for the remaining lease period after notice is given, suggesting that the calculation should include all months remaining in the lease term from the notice date through to the end of the lease term (January to May). However, because of the ambiguity, it might be subject to negotiation between the tenant and landlord or require legal clarification to determine the exact financial obligation.
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