Q: If an "early termination clause" was NOT in the lease, can the Landlord assess fees?
We ended the lease early, and per the lease gave them their 60-day notice and paid rent thru it. In addition they leased the unit. Now they are telling us we have to pay to "break the lease", this was not in the original lease.
A:
If your lease agreement does not include an early termination clause or any provisions for fees associated with ending the lease early, the landlord generally cannot assess additional fees for breaking the lease, especially if you have followed the required notice period and paid rent through the notice period.
However, there are a few things to consider:
1. Lease terms: Review your lease carefully to ensure there truly is no mention of early termination fees or penalties.
2. Local laws: Landlord-tenant laws vary by state and sometimes by city. Check your local laws to see if they address early lease termination and whether a landlord can charge fees in this situation.
3. Communication: If you haven't already, express your concerns to your landlord in writing and refer to the lease agreement, highlighting the absence of any early termination fees.
4. Security deposit: Ensure that your landlord returns your security deposit, minus any deductions for actual damages, as per the terms of your lease and local laws.
If your landlord persists in demanding additional fees not outlined in the lease, you may need to seek legal advice from a local tenant rights organization or attorney specializing in landlord-tenant law. They can help you better understand your rights and options based on your specific lease and jurisdiction.
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