[journlyn]

My husband works for the FAA. We are being transferred to another state. It is a voluntary move but we don't get to pick when we leave. We made our management company aware 6 months early that we would be leaving 2 month prior to the end of our lease. We were told by my husbands job that in this case a letter from the FAA should do the trick and they would most likely wave the penalty. Well that did not work for us. It worked for everyone else but our company is a large company and they are not budging. At this point the only thing I can think to do is to negotiate the penalty for the broken lease? They are asking for 2.5 months rent which is the remainder of the lease. That is what they would charge even if we broke our lease 11 months early. We really can't afford to pay them over 2,000. We would like to negotiate and see if they would except half or if we can just forfeit our security. Do you think they would negotiate with us. Please let me know what our options are at this point. Thank you!

[excon]

Do you think they would negotiate with us.

Hello j:

Maybe... But, they don't sound to conciliatory at this point. Since they're playing hardball, you should too.

Send them a certified letter with your terms, and a check for the amount you're willing to pay. Money in hand ALWAYS gets a persons attention. I'd make it for at least HALF of what they're asking for. Write in the memo line that it is payment IN FULL.

Remind them that they are legally obligated to mitigate your damages, NOT just sit back and collect from you. (That means they are required by law, to do everything they possibly can to rent the unit as soon as they can, so as to lesson [mitigate] your damages.) So, if they insist on your adherence to the letter of the law, you will insist on theirs.

Certainly mention the check in your letter, the cashing of which will END your obligation to them... Send your letter certified, return receipt requested. If they cash your check, your deal has been accepted.

excon

[journlyn]

That sounds great! Thank you for your advice. We are moving out of state and I'm sure they won't want to chase us for this money. I don't even want it to get to that. We are not moving out until mid January when do you suggest we take this action?

[excon]

We are not moving out until mid January when do you suggest we take this action?

Hello again, j:

If you're already in the middle of negotiations, and it sounds like you are, send it now. Get certainty as soon as possible...

You're right. They're not going to want to chase you down across state lines... But, you don't want to chase them down across state lines to get your security deposit back, either. And, they've GOT their grubby hands on that already. This thing hasn't fully played out yet.

excon

[journlyn]

Will do. Thank you again.