[aistute777]

Hello.
We are trying to move from our apartment at the end of this month, because we bought our own house. We signed the lease for the apartment in 2007 November 1st for 1 year. In 2008 we renewed for another year, without expectations to move out early. But since we had a great opportunity to buy a house, now we have to get out of our lease. We contacted our management company more than 2 months ago, and let them know about us moving out. Our lease we signed has two subsections which contradicts to each other, in my opinion.
1." RENEWAL: This lease will continue for one year after the Initial lease term unless either you or we give the other at least 60 days' written notice of termination before the end of the initial term.During continuation term, either you or we may terminate the lease at the end of a calendar month by giving the other not less than 30 days written notice. We may increase the rent at the end of initial term or during the continuation term by giving not less than 30 days notice before the beginning of a calender month."
As I understand we gave them more then 60 days notice and since its renewed lease, it should not be any problems.

But there is another paragraph:
"REMEDIES. You and we have all remedies provided by law. If you vacate before the end of this lease (even if due to eviction) you must still pay rent for the entire lease less any net rent which we receive from re-renting your condominium. We have no duty to re-rent. The prevailing party in any dispute arising out of this lease will be entitled to recover reasonable collection costs including attorney fees from the non -prevailing party.

Our agent wants to keep our deposit $400 plus $1,600 and if she decides there is any damage in apartment over $100 she will send us a bill! Even we know it should not be the case, we took care of the apartment very well. Our monthly payments are $1,004.
I would like to know if it's fear for them to charge us so much money for moving out earlier. We gave them enough time to know about us leaving early. On the other hand, talking about money, we don't have extra cash to pay them! We tried to lower the price, but the agent just do not want to do it.
Do we have any other options?
Thank you for the answer,
Regards,
Aiste

[this8384]

I would check the laws in your state. In my state, even if I were to write into my lease that part about not having any duty to re-rent the property, state law trumps any agreement that my tenant signs. Basically, I can't get my tenant to sign away their rights as protected by state law. I'm also prohibited from having my tenant agree to pay attorney's fees; the fees have to be awarded to me by the court in a judgment.

But that's Wisconsin; they publish an entire guide that outlines the rules for both landlords and tenants. I'd see if your state has something similar.