I'm breaking a lease with my landlord 6 months in (I'm moving out of the country). I've found someone to take over the lease immediately upon my departure. I informed my landlord 5 weeks prior to the point where I'd be breaking the lease. The landlord has (three weeks later) informed me that they will charge me a $400 paint fee and $100 service/processing fee. This is stipulated in the lease, although I asked them to forgo, since there has been minimal wear and tear on the apartment (i.e. it doesn't need to be painted) and I found another tenant. They're not budging.

Although it's in the lease, is it legal for them to charge "paint fees" and "processing fees" as a matter of course? They've never once looked at the apartment. In fact, I've never met or spoken to the landlord. All correspondences have been conducted through the superintendent.

Yes, it's legal for the landlord to charge these fees. This is something that is the subject of negotiation between the landlord and tenant (whether or not the landlord is actually willing to negotiate it) so it is not illegal.

However, since the landlord is charging you fees that are due at the conclusion of the lease term you should make sure that you are released from the lease in writing when the new tenant takes over the property. If the new tenant is taking over as a sublet then the landlord is not entitled to charge those fees since the lease has not ended. If the new tenant is signing a new lease then they can charge the fees but you have to make sure you get released from the lease in writing, the property must be inspected and you must get your security deposit back (minus any costs for damages and the above fees).

Thanks lisa. I guess that gives me the answer I didn't want.

Just one more question. Does a fee for painting have to be reasonable? If there are points in a lease that are unreasonable (e.g. "Tenant must pay for landlord's dining charges after until a new tenant is found"), is a tenant bound to it because it's in the lease. In other words, why is a paint fee legal, if it's unreasonable (apartment didn't need painting after I spent one year in the apartment, but does after another six months)?

Unfortunately there's not a "reasonability" requirement. It's assumed that you had the opportunity to negotiate these terms and that you could go elsewhere if the landlord wasn't willing to negotiate.

It's possible that the town requires that an apartment be painted for each new tenant and the landlord has chosen to pass this fee on to the tenants as part of its business policy.

Just remember that YOU signed the lease. That signature was your agreement to all the terms and conditions listed therein. So, if the landlord wanted you to pay his expenses to do a walkthru and you agreed to it, then you have to pay.

Thanks scott. But again, they're agreed upon in the context of the law. The lease does not supersede the law. The law may be silent on this particular issue, in which case the lease is binding. That's what I wanted to know; the law.

Here is the law in a nutshell: Contracts are enforced as written unless unclear, ambiguous or illegal.

Fees in lease agreements are proper unless the fee is designed to be a penalty. The repainting fee applies whether you break the lease or not, so it is not a penalty.

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Originally Posted by nascentnut

thanks scott. but again, they're agreed upon in the context of the law. the lease does not supersede the law. the law may be silent on this particular issue, in which case the lease is binding. that's what i wanted to know; the law.

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A valid point, But I know of no state laws that resttict what fees can be written into a lease. The only ones I know of restrict the amount of security deposits but not fees.

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Originally Posted by GoldieMae

Here is the law in a nutshell: Contracts are enforced as written unless unclear, ambiguous or illegal.

Fees in lease agreements are proper unless the fee is designed to be a penalty. The repainting fee applies whether you break the lease or not, so it is not a penalty.

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I guess I wasn't clear about the "paint fee". According to my lease the paint fee only applies if the tenant breaks the lease. So perhaps it can be seen as a penalty.