Early Lease Termination Fees

Summary

Your lease specifies a reletting charge of $0, but you may still owe an additional months rent for not meeting the 30-day notice requirement. Discuss with your landlord to potentially waive the fee.

Full Conversation

This is for GA and this is the lease:
Here's some general information about lease termination fees in Georgia:
- Landlords can charge an early termination fee if it is specified in the lease agreement.
- The fee amount and conditions should be outlined clearly in the lease.
- Georgia law does not cap the amount of early termination fees.
To better assist you, could you confirm if your lease agreement specifically mentions an early termination fee?
*. LEASE TERM. The initial term of the Lease Contract begins on the day of , , and ends at *:* p.m. the day of , . Renewal. This Lease Contract will automatically renew monthto-month unless either party gives at least days written notice of termination or intent to move-out as required by paragraph * (Move-Out Notice). If the number of days isn’t filled in, at least 30 days notice is required. In the event this Lease Contract has renewed on a month-to-month basis, it shall continuously renew each month thereafter until either party provides the other with a written notice of termination at least 30 days before the end of any such renewal term in accordance with the requirements set forth in Paragraph * (Move-Out Notice).
It seems your lease mentions a "reletting charge" but does not specify an early termination fee amount. Your notice given on September * for a lease ending October * seems to fit within the required notice period.
One key question: Does your lease explicitly state any financial penalties or conditions for early termination?
If you feel you’re being charged unfairly, you may want to consult with a local attorney.
OVE-OUT NOTICE. Before moving out, either at the end of the lease term, any extension of the lease term, or prior to the end of the lease term, you must give our representative advance written notice of your intention to vacate as required by paragraph * (Lease Term). If you move out prior to the end of the lease term, your notice does not act as a release of liability for the full term of the Lease Contract. You will still be liable for the entire Lease Contract term if you move out early (see paragraph * - Release of Resident) except if you are able to terminate the Lease Contract under the statutory rights explained under paragraph
It seems your lease agreement includes a provision for reletting charges if you move out early. Here are some key points:
- You must give written move-out notice as stipulated in your lease.
- You may be liable for a reletting charge if you move out early.
- The reletting charge is not a cancellation fee and does not release you from the lease.
Does your lease specifically state the amount for the reletting charge?
* (Early Move-Out), paragraph * (Release of Resident), and paragraph * (Military Transfer and Lease Termination). All notices to vacate must be in writing and must provide the date by which you intend to vacate. If the notice does not comply with the time requirements of paragraph * (Lease Term), even if you move by the last date in the lease term, you will be responsible for an additional month’s rent. If you fail to vacate by the date set forth in your notice, your notice is void and you must submit a new written notice. If you fail to provide proper notice and vacate, you will be responsible for an additional month’s rent. The one month’s rent represents the period that the apartment sits vacant and constitutes actual damages for loss of rent.
It seems your landlord is enforcing the lease terms regarding early move-out. Here are the key points:
- Written Notice: You must provide written notice of your intent to vacate.
- Additional Month’s Rent: If your notice doesn't comply with lease requirements, even if you move out, you owe an additional month’s rent.
- Reletting Charge: You may be liable for a reletting charge if specified.
Did you provide notice according to the lease terms?
So if I give them my notice on September * and move out October * I have to pay
Based on what you've shared, it looks like you'll need to pay a reletting charge and possibly an additional month's rent if you don't follow the lease's notice requirements.
Could you confirm if your lease specifically mentions the amount of the reletting charge?
*. EARLY MOVE-OUT. You’ll be liable to us for a reletting charge of $ (not to exceed *% of the highest monthly rent during the Lease Contract term) if you: (*) fail to give written move-out notice as required in paragraphs * (Military Transfer and Lease Termination) or * (MoveOut Notice); or (*) move out without paying rent in full for the entire Lease Contract term or renewal period; or (*) move out at our demand because of your default; or (*) are judicially evicted. The reletting charge is not a cancellation fee and does not release you from your obligations under this Lease Contract.
It seems your lease specifies that you must give written move-out notice according to the lease terms to avoid certain charges. Since you gave notice on September * and plan to move out on October *, you might be liable for:
- Reletting charge (if specifically mentioned in your lease, up to *% of the highest monthly rent).
- Additional month’s rent if your notice does not comply with the lease requirements.
Does your lease specify the exact amount for the reletting charge?
*
Hello! How can I assist you with your legal issue today?
The amount is $*
It looks like you might have a case if your landlord is trying to enforce a reletting fee. Since your lease mentions a reletting charge but specifies the amount as $*, your landlord might not be able to enforce it.
Have you discussed this specific point with your landlord?
What if I had give them the notice September *
If you had given them notice on September * instead of September *, you would have met the *-day notice requirement specified in most leases.
- You would likely avoid the reletting charge.
- You wouldn't owe an additional month's rent for failing to comply with notice requirements.
Does your lease confirm the *-day notice period?
Yes
Given that you provided notice on September * and plan to move out on October *, you are just shy of the *-day notice period typically required. Here are some key points:
- Reletting Charge: Since the lease mentions a reletting charge but specifies it as $*, you might not owe this fee.
- Additional Month's Rent: You could be liable for an additional month's rent because the notice period does not meet the *-day requirement.
Have you discussed this with your landlord to see if they are willing to waive the additional month's rent given that you're close to the *-day notice period?