Did I "break" my lease?

[NotMitch]

So back in November I signed a 12 month lease for an apartment, and I was told if I wanted leave the apartment early I would have to pay a penalty and that was outlined in the lease I signed.

So I got a job on the west coast and gave them written notice and paid the fee and exited the place at the end of Feb per the terms of the lease.

Now I have people checking reverences and they are being told I broke the lease. This bothers me because from my point of view we had a contract and I chose to exercise a clause that terminated the lease before 12 months but I surely didn’t break the contract.

So I called up the place and told them I had a problem with them saying I broke the lease. We argued for a while and did not see eye to eye on it, she also said that the company could have held me to the full 12 month term. Now I don’t have the lease with me but if this is the case I was misled at the time of signing and that bothers me.

So did I break it or not?

[lucas9000]

can't give you any solid answer without seeing the lease.

[Patrick del Poker Grande]

I had a similar dispute with the dick of a landlord I had before I bought my house. I think you're right here, but it might all be a question of semantics. You may have 'broken' the lease and paid the penalty fee for it, as opposed to your contention that you exercised an opt-out clause.

[cardcounter0]

All real estate industry people are scum.

Find a person who owns a few rental properties, shake his hand, rent from him, and pay your rent on time.

[LALDAAS]

People get bitter and really dont give a crap about you. just dont use them as a refrance anymore. My guess is you rent from a person rather then an agency.

you broke the lease end of story, legally there are in right to say so. As a referal If they had not said you broke the lease and gave you a good refrance they might be leagally responable for any lose you my cause to the current establishment.

[NotMitch]

[ QUOTE ]
can't give you any solid answer without seeing the lease.

[/ QUOTE ]

Either way I'm pretty unahppy with these people because either:

1) This clause is in the lease and in that case the contract was not broken

2) The clause was not in the lease and they mislead me (note: before anyone says it yes it is ultimately my responsibility for anything I sign it but Im almost sure the provision for leaving is in there)

[jakethebake]

[ QUOTE ]
People get bitter and really dont give a crap about you. just dont use them as a refrance anymore. My guess is you rent from a person rather then an agency.

you broke the lease end of story, legally there are in right to say so. As a referal If they had not said you broke the lease and gave you a good refrance they might be leagally responable for any lose you my cause to the current establishment.

[/ QUOTE ]

are you drunk?

[radek2166]

Did you give them 30 days notice?

[NotMitch]

[ QUOTE ]
People get bitter and really dont give a crap about you. just dont use them as a refrance anymore. My guess is you rent from a person rather then an agency.

you broke the lease end of story, legally there are in right to say so. As a referal If they had not said you broke the lease and gave you a good refrance they might be leagally responable for any lose you my cause to the current establishment.

[/ QUOTE ]

In fairness to them they did tell people who asked that I did pay the associated fees for leaving early and did give a good reference.

[gazarsgo]

[ QUOTE ]
[ QUOTE ]
People get bitter and really dont give a crap about you. just dont use them as a refrance anymore. My guess is you rent from a person rather then an agency.

you broke the lease end of story, legally there are in right to say so. As a referal If they had not said you broke the lease and gave you a good refrance they might be leagally responable for any lose you my cause to the current establishment.

[/ QUOTE ]

In fairness to them they did tell people who asked that I did pay the associated fees for leaving early and did give a good reference.

[/ QUOTE ]

So what are you crying about?

[NotMitch]

[ QUOTE ]
Did you give them 30 days notice?

[/ QUOTE ]

Yes, I met all conditions they asked for.

[NotMitch]

[ QUOTE ]
[ QUOTE ]
[ QUOTE ]
People get bitter and really dont give a crap about you. just dont use them as a refrance anymore. My guess is you rent from a person rather then an agency.

you broke the lease end of story, legally there are in right to say so. As a referal If they had not said you broke the lease and gave you a good refrance they might be leagally responable for any lose you my cause to the current establishment.

[/ QUOTE ]

In fairness to them they did tell people who asked that I did pay the associated fees for leaving early and did give a good reference.

[/ QUOTE ]

So what are you crying about?

[/ QUOTE ]

Because I would rather not have people Im looking to rent from be told I broke my last lease.

[radek2166]

IMHO you did not break the lease. I work for a company. They sign 6 month leases. They give 30 days notice all the time.

[meep_42]

Yes, you did break the lease.

-d

[LALDAAS]

[ QUOTE ]
are you drunk?

[/ QUOTE ]

Umm yeah, Its St. Patty's day, What is your point?

[jakethebake]

[ QUOTE ]
[ QUOTE ]
are you drunk?

[/ QUOTE ]
Umm yeah, Its St. Patty's day, What is your point?

[/ QUOTE ]

In that case there isn't one.

[Oski]

[ QUOTE ]
Yes, you did break the lease.

-d

[/ QUOTE ]

I would argue there is no break of the lease.

He offered a notice as well as the associated fee. Rather than enforce the terms of the lease and demand he keep paying, the company accepted the fee.

Because they agreed to terminate the lease, the management company was able to offer the unit to another tenant.

Therefore, the lease was mutually terminated.

Case closed.

P.S. if you live in CA, P.M. me, I can write a letter for you.

[LALDAAS]

[ QUOTE ]
[ QUOTE ]
[ QUOTE ]
are you drunk?

[/ QUOTE ]
Umm yeah, Its St. Patty's day, What is your point?

[/ QUOTE ]

In that case there isn't one.

[/ QUOTE ]

Jake if you bring back the cat avatar Ill have another one of these for you
http://dubious.blogs.com/photos/new_mexico/guiness.jpg

[Freakin]

[ QUOTE ]
Yes, you did break the lease.

-d

[/ QUOTE ]

Agreed. They gave you an escape clause with an early termination penalty. If they did not have that clause, then they could seek damages for early termination. Since they have that, the only damages they can seek from you is the early termination fee. Just because this was outlined in the lease does not mean that it is complying with the initial terms of the lease. What would be the point of the lease if you could just leave them without any consequences?

They could just have people pay month to month and put the standard early termination fee on top of the deposit. They expect you to live there through the life of your lease.

Freakin