Early Termination Clause left Blank

[Stephen991]

What is the name of your state (only U.S. law)? FLORIDA

Just curious what options we have if the "Early Termination Fee/Liquidated Damages Addendum" form says the following:

(CHECKED) "I agree as provided in the rental agreement, to pay $__________ (an amount that does not exceed two months' rent) as liquidated damages or an early termination fee if I elect to terminate the rental agreement and the landlord waives the right to seek additional rent beyond the month in which the landlord retakes posession".

(NOT CHECKED) "I do not agree to liquidated damages or an early termination fee, and I acknowledge that the landlord may seek damages as provided by law"

First off they left the dollar amount blank. Does that mean someone screwed up on their end, and we can bail from the unit, and they can not come after us for any further funds? They are holding a $3900 deposit from me, and I assume they will keep that. But I just want to be 1,000% sure they can not come after me for any more money. It's only a 5.5 month lease, and we are already 1.5 months into it.

Thanks

-S-

 

[Gail in Georgia]

"First off they left the dollar amount blank. Does that mean someone screwed up on their end, and we can bail from the unit, and they can not come after us for any further funds?"

No.

You signed a 5.5 month lease and would owe for the remaining months on the lease unless 1. the landlord/management can find a replacement tenant or 2. if allowed, you find someone to take your place to finish out the rest of your lease responsibilities.

Gail

 

[Stephen991]

Gail -

The entire purpose of this thread was to discuss the early termination agreement which is found in my lease. I typed the entire thing out above. For some reason you skipped entirely over that page in your response. It describes what will happen if we terminate early, does it not? Nowhere in that form does it state that we will owe for the entire 5.5 months. In fact it gives terms of an early termination.

Your "No" does not give me any comfort since you did not address anything else I wrote above.

In fact it VERY CLEARLY states that the landlord did NOT check the option allowing them to pursue other damages. They opted not to take that right.

Can you please clarify your response?

-S-

 

[jdm2008]

Gail -

The entire purpose of this thread was to discuss the early termination agreement which is found in my lease. I typed the entire thing out above. For some reason you skipped entirely over that page in your response. It describes what will happen if we terminate early, does it not? Nowhere in that form does it state that we will owe for the entire 5.5 months. In fact it gives terms of an early termination.

Your "No" does not give me any comfort since you did not address anything else I wrote above.

In fact it VERY CLEARLY states that the landlord did NOT check the option allowing them to pursue other damages. They opted not to take that right.

Can you please clarify your response?

-S-

Not sure what happens. If that option is actually checked then it seems you are correct that you don't owe for the remaining options. But its possible that the court may say you owe the 2 months rent thats mentioned.

 

[Stephen991]

Thanks for the feedback.

Anyone sure what happens in a situation like this?

-S-

 

[Gail in Georgia]

An early termination clause that some rental leases contain is an attempt to allow the tenant to break a lease early without the hassle of the landlord/management having to track them down, take them to court, win a judgement and then attempt to collect money for the amount of rent owed.

This clause is a benefit to both the landlord/management and the tenant; often lease breaking tenants are never found; even if they are and the case continues to the legal system, there is no guarantee that management will ever see a penny of this money. It is a benefit to the tenant because it allows them to break their lease legally and avoid a legal judgement showing up on their credit report.

As a general rule, courts tend to find that two months is a reasonable amount of time for a landlord/management to find a replacement tenant; this is why most of these clauses give this time period. While your lease does not specify the amount, it indicates it will not exceed two months worth of rent.

It should be noted, however, that if the departing tenants leave the rental unit very damaged, requiring additional time for repairs before the unit can be reshown again, the former tenants can be sued for both the damages and the lost rent during the time the unit was unable to be occupied (at least until the normal expiration period of the lease).

I hope this clears things up.

Gail

 

[atomizer]

A blank early termination clause to me means you don't have one. But, even without a figure, it indicates your payments may not exceed 2 months rent.