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30 Day Lease Cancellation Clause

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30 Day Lease Cancellation Clause

Postby Steeplesandstreets » Tue Jul 09, 2013 12:21 pm

After two years on a lease, I was not sure if I wanted to stay another full year in my current apartment. My landlord offered me a 30 day clause wherein I could get out of my current lease with 30 day written notice and get my security back. He sent me the clause to sign but balked at adding any line about the security, stating, "By giving the 30 day right to cancel, you are fulfilling the full provisions of the lease and I am required by law to return your security." My landlord is a nice guy but there are many rumors about him not reimbursing people related to his other business ventures (gyms and stuff) so I just wanted to make sure this 30 day cancellation clause is on the up and up before I sign it. Anybody know anything about this?
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Postby TenantNet » Tue Jul 09, 2013 12:40 pm

As your apartment is unregulated (so says the landlord, but have you really checked?) the lease between the LL and tenant is what defines your rights and obligations.

Usually 30-day clauses allow a tenant to get out of a current lease early by giving 30-days notice.

You don't make it clear if what the LL is offering is for your old lease or new lease. And your question is confusing.

Normally if a tenant leaves prior to the end of the lease, the LL can seek all the rent till the end of the lease. So if you negotiate an early end to a lease, the LL might want something in return, possibly the security deposit.

A deposit usually covers physical damages. And yes, LL's often concoct scams to not return the money. That's why many tenants, anticipating this, will not pay the last month's rent and allow the deposit to cover the last month. Of course the tenant is still liable for legitimate physical damages and the LL could seek damages in court.

What you and your LL are negotiating has to do with ending the lease early, and has nothing to do with the normal purpose of a security deposit.
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