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bookish1's avatar

Can you please help me with another lease question (details inside)?

Asked by bookish1 (13159points) May 31st, 2013

My lease is up July 31 and I am trying to figure out when to actually move out (which will also be the day I fly out of the country for a yearlong stay abroad).

I read this on my “Intent to Vacate” form: “The full term of the lease shall have expired and if not, I agree to be responsible for all applicable fees for terminating said lease including repayment of any concession(s) or special(s) given during the term of said lease.”

Is this legal-ese declaring that if I don’t move out on the very last day of the lease, that they will charge me lease termination fees and ask for rebates back? This is a very corporate and inflexible management company and I am sure they are out to make as much money as possible.

Would it be a mistake for me to try to clear out of here a few days before the lease expires on July 31st?

Thank you very much for any advice.

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14 Answers

Bellatrix's avatar

I think the ‘terminating’ relates to you trying to leave without paying until the end of the lease. You can move out earlier as long as you pay your lease.

You could have gone on holiday and left the place vacant.

bookish1's avatar

@Bellatrix : Thank you for your answer. You’re saying that “terminating” means that I end the lease early, and they don’t get the money that they expect…

So I should be fine to move out sooner than July 31st because I will of course be paying them that final month’s rent?

Judi's avatar

This is if you move out before the lease term is up.
Your best bet is to talk to the manager. Explain that you intend to leave since you’re moving abroad. If you need a day or two beyond your lease expiration date ask if you can stay at a daily pro rate. It might be higher than you are currently paying since you will no longer be in a lease.
Also, as long as you PAY through the end of the lease they really don’t care if you have any stuff in your apartment if you leave early.

CWOTUS's avatar

No one is going to care “when you leave” (as long as you don’t overstay the lease period), but they are stating that you need to pay for the full term of the lease.

If you’re paid up through the end of July, then it makes no difference to the manager whether you leave on the 1st or the 31st. (Provided you don’t leave the gas or water running, leave windows open to rain, etc., or cause other problems in your absence.)

bookish1's avatar

@Judi: Thank you. I have already asked the manager about prorates, and their rules are hard and fast about yearlong leases. There was no way for me to extend my lease without renewing for a full year, which is why I have to leave the country a month sooner than I’d expected to! I just wanted to be sure I understood what the document meant about “termination.”

@CWOTUS: Thank you, that was clearly stated and makes a lot of sense.

snowberry's avatar

You might have the management walk through the apartment together with you once you’ve cleaned all your stuff out of it. That way, they can’t say that you left a huge stain on the carpet or a hole in the wall that you know wasn’t there when you left. Unscrupulous landlords pull that sort of nonsense all the time. These might be that sort, since they are so… inflexible.

bookish1's avatar

Thank you @snowberry, I appreciate the advice. Do you think I should set an appointment for a walk-through the very day I move out, or could I do that a day or so beforehand? (This determines how flexible I can be with choosing a flight date and time.)

Bellatrix's avatar

Yes. I think it relates to ‘terminating’ the lease early. Not when you move out.

Judi's avatar

Usually walk through a are done the day you hand over the keys. In CA they have to offer you a “pre walk through” where they will point out things that need to be done to get your security deposit back.

Judi's avatar

@bookish1, if you lived in one of my apartments I would be much nicer to you.

snowberry's avatar

Set it for as soon as your place is ready for an inspection/ walkthrough. It will be a great weight off of your mind, and you can move forward with a clearer head. Be sure you get a copy of their new inspection list (and I hope you filled out a list of damages when you first moved in and had them sign that too). Have that with you when you do your move out inspection with the office manager.

Understand that you will hand over your keys at that point, and make sure that’s on the inspection as well. You both sign it, and you need to get a copy. To make things easier for yourself, staple the last month’s rent, the signed move in inspection, and the signed move out inspection sheet all together, and place it where you keep all your other important papers while you are gone.

JLeslie's avatar

If you are paid through the end of the lease you should have no problem vacating early. I do recommend you inform the company when you plan to vacate. Ask them if there is anything you should know about vacating. In multistory buildings they might cover the walls and floor of a designated elevator with fabric, and failing to inform them about the specific day might be a problem. If they are holding security money you might be able to arrange them insoecting the apartment when you are there to avoid any surprises regarding them holding your money. In my experience rarely is security money held. The tenant has to really have been destructive.

snowberry's avatar

Yes, and on only two occasions have I gotten my deposit back.

Those were for my daughter’s apartment, and my last one. I/we left them spotless, far cleaner than when I/we moved in (this is how we always work). The landlords were impressed, to say the least, and they said they were sorry to see us go.

Kardamom's avatar

@bookish1 Do you already have your fabulous French apartment all picked out? I can smell the stinky cheese and baguettes from here! I hope you’ll be able to keep us informed of your adventure, in some type of Fluther diary : )

I wonder if it would be OK (maybe check with Auggie) to ask random questions (maybe stuff about France) and then put your 2 or 3 sentence diary entry in the “details” of your questions.

Example, Q: Has anyone ever taken a road trip across France? Details: I arrived in Paris on Sunday, then I took a short drive about 5 miles into the countryside. Ate dinner at a small cafe and met 2 handsome Frenchmen. Tomorrow I will be meeting with some colleagues and then we’re traveling by bus to the gardens where Monet painted a lot of his famous paintings. Have any of you ever taken a road trip across France?

I know this is off topic, but I’m just so excited for you!

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