Breach of Lease
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Breach of Lease (by Cindy [MD]) Aug 16, 2011 7:01 PM
       Breach of Lease (by Reid [KS]) Aug 16, 2011 7:40 PM
       Breach of Lease (by Irish [MD]) Aug 16, 2011 8:45 PM
       Breach of Lease (by Mike45 [NV]) Aug 16, 2011 8:56 PM
       Breach of Lease (by CTLL [CT]) Aug 17, 2011 5:37 AM
       Breach of Lease (by Mike45 [NV]) Aug 17, 2011 3:58 PM


Breach of Lease (by Cindy [MD]) Posted on: Aug 16, 2011 7:01 PM
Message:

State Specific Question About: MARYLAND (MD)

I had someone move into my property with only 4 persons on the lease and tried to move 2 more children in when there was not room. They ended uo breaking the lease and now want deposit bank and will nt pay the oil bill. Advise?? --174.55.xxx.xxx




Breach of Lease (by Reid [KS]) Posted on: Aug 16, 2011 7:40 PM
Message:

You have to give back deposit less any damages or outstanding rent and penalties owed. There has to be an accounting done and a copy given to the tenant with whatever is due them or a bill for what is due you within a certain time period dictated by your state. Be sure and play by the rules it's easier and cheaper to do it right. --108.92.xx.xxx




Breach of Lease (by Irish [MD]) Posted on: Aug 16, 2011 8:45 PM
Message:

Sounds like you do not have a lease break lease clause to cover you.

My lease break clause says, they pay rent until re-rented, advertising until rerented. --96.239.xxx.xxx




Breach of Lease (by Mike45 [NV]) Posted on: Aug 16, 2011 8:56 PM
Message:

Prepare an accounting showing (1)money owing for oil, (2) money owing for repairs to the damage they inflicted on the rental unit, and (3) money owing for past rent and future rent under the lease. Send them the accounting. Send them no money, because under the accounting, they will owe you money.

Irish, your lease clause is probably superfluous. If T breaks a lease, T is automatically responsible for rent until the place can be re-rented by the LL using reasonable efforts, and costs of turnaround and advertising, plus any reasonable commissions and other expenses. I am NOT telling you to remvoe your clause from the lease, just that it is something that is probably automatically part of every lease as part of our "common law."

--216.240.xx.xxx




Breach of Lease (by CTLL [CT]) Posted on: Aug 17, 2011 5:37 AM
Message:

Mike45 is right on. It's not a lease break clause. It's part of every lease.

Here is a sample of a Break Lease Clause - also referred to as a Release Clause.

"This is a clause sometimes inserted in a fixed term tenancy, typically if the initial fixed term is for a year or more. It will not normally be applicable during the first six months of an Assured Shorthold Tenancy. If the initial tenancy is renewed either party will often request a break clause if they do not know if they can continue renting or not. A break clause will usually be worded in such a way as to allow either landlord or tenant to give two months written notice at any stage after a particular date or period of the tenancy, thus terminating the tenancy earlier than the end of the original fixed term

--68.229.xx.xx




Breach of Lease (by Mike45 [NV]) Posted on: Aug 17, 2011 3:58 PM
Message:

CTLL did NOT give a sample break lease clause, but instead gave a description of a lease break clause.

Several people on this Forum have shared their clauses, often called an "Early Termination Clause". These provide that the T can terminate the lease early by giving 30 days notice and paying a lease termination fee equal to one month's rent --or something like that.

--216.240.xx.xxx





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