Lease interpretation - Can I break the lease with no fee?

[tenant2021]

I live in Texas. I am a tenant and want to break my lease and move out. I am a little over 5 months into my lease. My landlord is unprofessional to say the least, and will not answer any of my questions, so I am asking here.

Here are 2 sections from the signed lease:

Section 44 states 'There will be a early termination fee within the first 12 months'.
Section 24 states 'The early termination fee is equal to $0 or the maximum allowable by law, whichever is less'.

I interpret this if I give my 60 day notice, I can terminate the lease with no fee or penalty, even though I am less than 12 months into my lease?

Thank You,

Edit: I live in Texas

 

[Zigner]

In any US state, interpretation of contracts requires the assistance of an attorney. Said attorney will review the entire contract and give you their opinion.

EDIT: For the pedantic folks among us - if you are asking someone else to review and interpret your contract and give you legal advice based on said review and interpretation, then that "someone else" needs to be an attorney.

 

[tenant2021]

What US state?

In any US state, interpretation of contracts requires the assistance of an attorney. Said attorney will review the entire contract and give you their opinion.

EDIT: For the pedantic folks among us - if you are asking someone else to review and interpret your contract and give you legal advice based on said review and interpretation, then that "someone else" needs to be an attorney.

Zigner,

Thanks for your reply. I edited my original post to show I live in Texas.

Edit: This is not something I want to hire an attorney for. I have questions about 2 different sentences. I want to see if others interpret it the same way as me.

 

[Zigner]

Zigner,

Thanks for your reply. I edited my original post to show I live in Texas.

You're welcome - I removed the question from my response.

 

[adjusterjack]

I interpret this if I give my 60 day notice, I can terminate the lease with no fee or penalty, even though I am less than 12 months into my lease?

Sure looks like it to me.

Understand, however, that if you gave notice today you would still have to pay rent until the end of March and March 31 would be your termination date.

 

[FarmerJ]

If you think your lease has a contradiction then try the links above and arrange for a consultation , WHY ? because what they charge could be far less than the damage to your credit rating if a landlord takes you to court for unpaid rent due to a early move out by you , If a attorney thinks there is a contradiction that you can benefit from then your free to not only point it out to the LL but point it out in a court should the LL try to sue you anyways. ( not all states require a landlord to make a reasonable effort to quickly install a replacement tenant , in theory since its winter and not many tenants move in winter time the pool of qualified replacement tenant could be smaller and that means locating a a replacement tenant could take 8 weeks or so OR just stay put and give your written notice to the LL that you will not renew your lease and this is a early notice to them and send it via certificate of mailing and staple your receipt to your copy and set every thing up ahead of time so you not only can take pics of how nice and clean the empty apartment is on the last day of the current lease and if you have to then put your stuff in self storage for a few days while you bunk out at a friend or relatives for a couple nights. Dont forget pics every thing from inside of oven , fridge , toilet, cabinets , tub closets and yes take pics of the carpet too.

 

[Zigner]

Sure looks like it to me.

Have you read the entire the lease?

 

[tenant2021]

Dont forget pics every thing from inside of oven , fridge , toilet, cabinets , tub closets and yes take pics of the carpet too.

Yes, great advice. I took pictures when I moved in, and documented everything. I then emailed these pictures and documentation to the landlord. There were also various issues in and around the house.

The landlord ignored me and would never respond. Finally, after 2 weeks of getting no response by email or text I gave him a call. He cussed me out for several minutes. I even have these recordings. This rubbed me the wrong way, since I am also a landlord and have never been anything but professional with my tenants.

The apartment is in the same condition as move in, and I will document with photos and videos when moving out.

I am sending the certified letter today.

 

[tenant2021]

Furthermore, any judge would rule a termination fee unenforceable due to this contract contradiction.

I will welcome anyone here to give me an example of any contract that states a $0 early termination fee, where a judge then rules on a judgement for the plaintiff.

I will keep waiting.

 

[Zigner]

Furthermore, any judge would rule a termination fee unenforceable due to this contract contradiction.

I will welcome anyone here to give me an example of any contract that states a $0 early termination fee, where a judge then rules on a judgement for the plaintiff.

I will keep waiting.

The phrase you're looking for is "scrivener's error".
But, you're just here to vent and for people to tell you that you're right, so nothing that is contrary to your perception is going to matter.

Good day.

 

[tenant2021]

When I moved in there were no blinds in the house I was renting. I made pictures and videos and documented this. I spent around $1000 on blinds and curtains that I installed myself. I received permission to install these blinds and curtains from the landlord.

I want to take the blinds and curtains with me. However, I am under the impression they may me be considered part of the property now. There is nothing in the lease about attachments or fixtures. Can I take these with me when I move out? Thanks in advance for any advice.

Edit: Regarding the original question, the landlord agreed to let me out of the lease with no penalty. I have a recording of this. He is having issues of his own, and will be moving in when I move out.

 

[Zigner]

This is my opinion which, along with a dollar, will buy you a candy bar:

The curtains are a no-brainer, but the blinds may be another issue. Although, since your relationship with your LL is contentious, I would expect this to cause a problem.

EDIT: I see that you edited your last post after I posted mine. I would suggest that you talk to your LL about the matter.

 

[BuyLowSellHigh]

Is there potentially any agreement between you and the landlord that you would leave the blinds? Even if you had permission to install, you still have to leave the property in the same condition that you found it. So if you caused holes or damage to the walls you would need to repair and repaint after removing blinds.

 

[tenant2021]

Is there potentially any agreement between you and the landlord that you would leave the blinds? Even if you had permission to install, you still have to leave the property in the same condition that you found it. So if you caused holes or damage to the walls you would need to repair and repaint after removing blinds.

There was no agreement that I would leave the blinds. I asked permission to install them, and he gave me permission to install them. I am very handy. I already have the spackle and wall paint and could easily remove them, then spackle and repaint.

If this is an option, this is what I want to do. My concern is, that if the blinds are legally considered part of the property, that the landlord can go after my security deposit.

I understand when you normally sell a house, the blinds go with the property. However, in the Texas resale contract, there is a section where it mentions installations and or fixtures. For this rental, the landlord drafted their own lease. Installation or fixtures are not addressed anywhere in the lease.

This would lead me to believe I can take them, as long as the property is in the same condition as move in.

What does everyone think?

 

[Zigner]

What does everyone think?

It really matters not one whit what we think. Talk to your LL.