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lANDLORD REFUSES TO LET ME GO

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lANDLORD REFUSES TO LET ME GO

Postby Francis Lee » Sun Feb 09, 2003 6:42 am

Hi,
After renting an apartment for nearly a year, I decided to leave. I sent a correspondence to my landlord 2 months in advance and planned to leave after around 13 months since the commencement of the lease.
But my landlord claimed that the lease stated that I can only leave after 14 months. Since English is my second language and the legal terms are difficult to understand, could experts here help me please. Here is the paragraph concerning the termination of lease:
"Notwithstanding anything hereinbefore written the Tenant shall have the right after the first 12 months of the term hereby created to terminate this agreement upon giving 2 months' prior notice in writing to the Landlord of its intention so to do or on payment of 2 months rental in lieu of such motice, provided up to the time of such determination the Tenant shall have paid all the rents due and have performed and observed and contained in this agreement."
Francis Lee
 
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Re: lANDLORD REFUSES TO LET ME GO

Postby TenantNet » Sun Feb 09, 2003 4:10 pm

You can physically move out whenever you wish. You can decide to not pay the extra amount (you might lose a security deposit though in lieu of rent), but the landlord could insist you were liable and take you to court. You don't say how long the lease was for; this is crucial. Generally at the end of a lease, unless it's renewed, you would become a month-to-month tenant and 30 day's notice is the norm. If the lease is still in effect, the wording could be an early out based on certain criteria. If the lease expired, then the wording is immaterial. In many cases your deposit could be used in lieu of any outstanding rent. But be careful that when you move out, you take photos of everything (get a digital camera), you have witnesses and do a walk-through with the owner to make sure nothing is broken. Make sure you leave it in broom clean condition. Otherwise the owner will invent 'damages" or claim regular maintenance items must be paid for by your deposit. Wear and Tear - normal wear that is to be expected -- painting, worn-out carpeting, etc. are not items to be covered by a security deposit.
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Re: lANDLORD REFUSES TO LET ME GO

Postby Francis Lee » Sun Feb 09, 2003 8:29 pm

Thanks for your reply.
My lease is a 2 years one. The first year is "fixed" and the second year is "free". This meansI cannot leave before the first 12 months unless I pay for the remaining rental. But I can leave after the first month provided I have informed the landlord 2 months in advance with written notice.
The dispute lies in the term of the contract. The landlord insiststhat I can only notify him after 12 months. That means the "fixed" period becomes 14 months.
Can you please kindly read the terms and judge who is right? Here is the statement:
"Notwithstanding anything hereinbefore written the Tenant shall have the right after the first 12 months of the term hereby created to terminate this agreement upon giving 2 months' prior notice in writing to the Landlord of its intention so to do or on payment of 2 months rental in lieu of such motice, provided up to the time of such determination the Tenant shall have paid all the rents due and have performed and observed and contained in this agreement."
Thanks and regards,
Francis Lee
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Re: lANDLORD REFUSES TO LET ME GO

Postby TenantNet » Sun Feb 09, 2003 11:02 pm

Again, you can physically move out whenever you wish. The question is liability for the rent for the remainder of the term. A strict construction of the language (in our opinion) gives your interpretation the edge. You have the right (after 12 months) to terminate... It does not say you must wait until the 12 months are over before you give notice. Termination is that actual act of terminating the lease. It is not the notice. Your notice can say you are giving two months notice that you will terminate the lease on a particular date. Taking the LL's interpretation could possibly lead to an absurd result (depending on what the rest of the lease might say or imnply). But also (again), it's a question of liability and if the LL insists, he will take you to court.
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Re: lANDLORD REFUSES TO LET ME GO

Postby Francis Lee » Thu Feb 13, 2003 12:35 pm

Thank you very much for your advice.

Francis
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