We are breaking our lease due to safety issues, our neighbor came at me and threatened me. We have given the appropriate notice as dictated by the lease, however, the apartment complex will not waive the early termination fees. (The other tenants have been served a 14 day notice to vacate and have yet to leave. It has already been 14 days.)

I was re-reading the lease contract buy out agreement and if I am reading this right I think I may have found an out. I need to know if I am interpreting this correctly.

"8. Special Provisions. Your right of buy-out is not limited to a particular fact situation. If limited, buy -out may be exercised only if the following facts (see below) occur and any described documents are furnished to us. Any special provisions below will supersede any conflicting provision of this printed agreement.. .
The special provisions are:
(This was typed in)
Upon Early termination resident agrees to forefeit any and all security deposits."

I need to know if I am reading this right. By the interjection of the "special provision" (Upon Early termination resident agrees to forefeit any and all security deposits) does this mean that we would only be required to forfeit the security deposit and not have to pay the termination fee?

Thanks in advance

Hello M:

I think you're looking in the wrong place...

Somewhere in your lease, it says you are entitled to quite enjoyment of your apartment, or something like that...

THAT is the paragraph that the landlord violated, and THAT should be the basis for your notice. In my view, you don't have to BUY anything.

excon

They aren't hassling me about breaking the lease they are refusing to waive the early termination fee as outlined in the lease buy-out agreement. You may have something here about the quiet enjoyment. I am going back to the office AGAIN today as the neighbors were fighting THREE times yesterday, all on separate occasions...

Hello again, M:

If THEY violated your lease, you pay NOTHING. If YOU violated the lease, you pay for the entire lease period even if you move...

Clearly, they have not acknowledged that THEY broke the lease. Until you get them to agree, they're going to want the early termination fee.

So, I don't care what they WANT. I care about what they are entitled to. IF they aren't supplying an apartment that is SAFE, THEY are the ones who violated the lease, and they aren't entitled to ANYTHING.

If I were you, I'd be demanding that they pay YOU if they want you to stay.

Because you can't agree on WHO broke the lease, you're probably going to wind up in front of a judge who WILL decide. If it were me, I'd just move and let them sue you.

excon