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downey_renter · Jul 17, 2008, 06:09 PM

Hi,

I moved into a new apartment in Downey last May with a friend of mine. After a couple of months, I notice that my friend has been stealing from me. I asked her to move out and now I have to break my lease for safety reasons. I signed a one year lease (my friend luckily is just an occupant) and in the agreement there is a clause (clause no. 8 below) that if you cancel the agreement earlier, you have to pay the early termination fee of $1,500 plus any bonuses given to me upon sign-up (I was given a $200 move in bonus). I am willing to pay the $1,700 to get out of the lease and the apartment but the resident manager would charge me an extra 30 days to break the lease. I am moving out in July 20, since I already paid July's rent - I need to then pay an extra 20 days of rent to suffice the 30 days notice.

In the agreement, there is nothing stated that I have to give a 30 day notice when I am breaking the lease. All it says is I have to pay the early termination fee. For me, it feels like they are double charging me. They kept on telling me that it is California law but I am insisting that nowhere in the agreement it states that I have to provide 30 days if cancelling the lease. Is it really California law? Need your help on clarification please. Again, I am willing to pay the $1,500 cancellation fee plus give back the $200 move in bonus they gave me but I feel it's too much to pay an extra 20 days of rent if I am not going to be there anyway.

On a side note, I do see a 30 days notice required on the agreement only if the one year lease has expired and your agreement has been converted to a month to month which doesn't apply to my situation. (clause no. 20)

Look into the link below for relevant clauses within my lease agreement:

http://img237.imageshack.us/img237/8283/clausesjc7.jpg

Fr_Chuck · Jul 17, 2008, 06:12 PM

You are in fact lucky they even allow you out, but a 30 day notice is of common practice in rental. And normally inforcable

rockinmommy · Jul 17, 2008, 06:34 PM

You need to go back and read through your WHOLE lease. The early termination fee (plus bonuses, etc) may not be all they can charge you. It says they can charge you that PLUS rent. If there's an acceleration clause, or CA law allows for it they can accelerate the contract and then you'd actually owe the entire rent for the entire year PLUS the early termination fee.

You're looking at it as a buyout, which is something different altogether.

I believe in CA they have to try to re-rent the unit and can only charge you rent up until it's re-rented, but still. You'd better make darn sure you know what you can be held liable for. From the part of your lease I read I'm not convinced they can't still come after you for more.

Have you talked to them? If they agree to anything be sure to get it in writing!

downey_renter · Jul 17, 2008, 06:44 PM

FR_CHUCK: It is common practice, but it should be written in the agreement right? If it doesn't, then I would treat it as not inforceable? Right? I am just basing all my understanding to the agreement that I signed.

ROCKINMOMMY: I do not see an acceleration clause in the agreement. If you have an email I can definitely send you a pdf copy of it. It does say plus RENT, but it doesn't say - 30 days notice is required when cancelling your lease. That's where I'm at.

JudyKayTee · Jul 18, 2008, 08:40 AM

Originally Posted by downey_renter

Hi,

I moved into a new apartment in Downey last May with a friend of mine. After a couple of months, I notice that my friend has been stealing from me. I asked her to move out and now I have to break my lease for safety reasons. I signed a one year lease (my friend luckily is just an occupant) and in the agreement there is a clause (clause no. 8 below) that if you cancel the agreement earlier, you have to pay the early termination fee of $1,500 plus any bonuses given to me upon sign-up (I was given a $200 move in bonus). I am willing to pay the $1,700 to get out of the lease and the apartment but the resident manager would charge me an extra 30 days to break the lease. I am moving out in July 20, since I already paid July's rent - I need to then pay an extra 20 days of rent to suffice the 30 days notice.

In the agreement, there is nothing stated that I have to give a 30 day notice when I am breaking the lease. All it says is I have to pay the early termination fee. For me, it feels like they are double charging me. They kept on telling me that it is California law but I am insisting that nowhere in the agreement it states that I have to provide 30 days if cancelling the lease. Is it really California law? Need your help on clarification please. Again, I am willing to pay the $1,500 cancellation fee plus give back the $200 move in bonus they gave me but I feel it's too much to pay an extra 20 days of rent if I am not going to be there anyway.

On a side note, I do see a 30 days notice required on the agreement only if the one year lease has expired and your agreement has been converted to a month to month which doesn't apply to my situation. (clause no. 20)

Look into the link below for relevant clauses within my lease agreement:

http://img237.imageshack.us/img237/8283/clausesjc7.jpg

I think it's not specifically addressed because it's the law so the landlord didn't bother addressing it - if the lease agreement is silent (doesn't specifically address the California 30-day notice law, if that is what the law actually is - I haven't looked it up) then the law prevails.

I am in NYS and if a lease/contact is silent on any issue NYS law prevails. Obviously if there's a provision which waives that law, then the lease prevails.

Now, if your lease said, "Tenant will owe this and that and there is no 30-day day notice required," things would be different. Silent means that provision is not waived.

Is it addressed at all in your lease?

ScottGem · Jul 18, 2008, 08:52 AM

No the lease does NOT have to specifically address issues that are covered by law. And a 30 day notice prior to vacating is customary.

As Chuck noted, you are lucky to have a early termination clause at all.

By the way you can attach a file to a note here.

downey_renter · Jul 18, 2008, 11:55 AM

Originally Posted by ScottGem

No the lease does NOT have to specifically address issues that are covered by law. And a 30 day notice prior to vacating is customary.

As Chuck noted, you are lucky to have a early termination clause at all.

By the way you can attach a file to a note here.

SCOTTGEM and JUDYKAYTEE: Can you please take a look if it is California law and let me know? I tried looking online but couldn't find anything. Also, I am attaching a copy of my lease agreement for reference.

ScottGem · Jul 18, 2008, 12:24 PM

You need to give them 30 days written notice of termination and owe rent for those 3o days.

JudyKayTee · Jul 19, 2008, 07:53 AM

Originally Posted by downey_renter

SCOTTGEM and JUDYKAYTEE: Can you please take a look if it is California law and let me know? I tried looking online but couldn't find anything. Also, I am attaching a copy of my lease agreement for reference.

Thanks for posting this - I see why people are confused by their leases. Mine are 1 or 2 pages. This covers everything except turning over your first born child to the landlord - and the 30-day notice!

My opinion is that the lease is silent (for a reason) on the 30-day notice and, therefore, California Law (this section is referring to month to month in California but it gives the 30-day notice statute - [Civil Code 1945] terminable by a 30-day written notice, even if the form itself is called a "lease".) applies. You must give a 30-day written notice.

(As a side note someone recently posted that (I think) Florida only requires a 15 day notice and that that State is the exception to the 30-day or period of tenancy general "rule." I called a friend and asked her and she checked her lease which actually waives the 15 day notice and REQUIRES a 30 day notice. Landlord circumvented the law by a waiver right in the lease.)

If you don't pay for those 30 days the landlord might not pursue you - but judging by the lease (which is very well worded and comprehensive - to say nothing of boring) the landlord will pursue you.

Again - in my opinion the lease is silent and California law (30 day notice) prevails.

I'll be curious to see how this resolves itself so I hope you'll come back and let us know. Or post additional questions if you have any. Thanks for posting the lease - most people don't do that and so there's a lot of guessing and wandering around in the dark (so to speak).

downey_renter · Jul 19, 2008, 02:35 PM

Originally Posted by JudyKayTee

Thanks for posting this - I see why people are confused by their leases. Mine are 1 or 2 pages. This covers everything except turning over your first born child to the landlord - and the 30-day notice!

My opinion is that the lease is silent (for a reason) on the 30-day notice and, therefore, California Law (this section is referring to month to month in California but it gives the 30-day notice statute - [Civil Code 1945] terminable by a 30-day written notice, even if the form itself is called a "lease".) applies. You must give a 30-day written notice.

(As a side note someone recently posted that (I think) Florida only requires a 15 day notice and that that State is the exception to the 30-day or period of tenancy general "rule." I called a friend and asked her and she checked her lease which actually waives the 15 day notice and REQUIRES a 30 day notice. Landlord circumvented the law by a waiver right in the lease.)

If you don't pay for those 30 days the landlord might not pursue you - but judging by the lease (which is very well worded and comprehensive - to say nothing of boring) the landlord will pursue you.

Again - in my opinion the lease is silent and California law (30 day notice) prevails.

I'll be curious to see how this resolves itself so I hope you'll come back and let us know. Or post additional questions if you have any. Thanks for posting the lease - most people don't do that and so there's a lot of guessing and wandering around in the dark (so to speak).

Your welcome Judy and thanks for the valuable opinion. It's good that this website allows you to attach a file and allowed me to include the lease agreement for clarity of the conversation to everybody that is replying in this post.

You are right. As I have mentioned the 30 day notice on the lease applies only to a month to month situation. All the LL is asking is the termination fee, move in bonus back and 30 days notice paid rent. They haven't mentioned anything about me obligated to pay rent until it is occupied again which is the usual case referring to all the replies in this post. If that's the case, I am okay paying that extra 20 days.