• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Lease Break ? ( i do not understand this)

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Beowulf

Junior Member
What is the name of your state (only U.S. law)? Minnesota

My lease has a "lease break" clause but I do not understand it.

"LEASE BREAK. In the case that a lease break is requested, the Tenant shall first submit such request in writing to the management office. A Lease break amount of $300.00 will automatically be assessed upon such request. This charge will in no way release the Tenant of their obligation to pay rent under the terms of the Lease until the premises is re-rented by the Tenant or the Lease expires, whichever may come first. Tenant shall bear all reasonable costs of re-renting the premises over and above the lease break penalty, including, but not limited to, publication costs and labor, if Tenant attempts to re-rent the premises prior to the expiration of the Lease."

What seems confusing to me is the working discussing the Tenant re-renting the premises. How am I supposed to re-rent the premises, I am the tenant not the landlord.
 


LdiJ

Senior Member
You are responsible for the expenses your landlord has in order to re-rent the unit due to you breaking the lease.

While I absolutely agree with this I think that the 300.00 lease break fee on top of all expenses and rent until the unit is re-rented, is possibly not legally enforceable. If the tenant has to cover all expenses and rent, then the lease break fee would be pure profit to the landlord.
 

FarmerJ

Senior Member
Beowolf Ive seen two landlords over in the town I work near ( Pine City ) sit with there thumb being warmed in that special place rather than re rent units in that building right away , make NO sense to me that they sat on empty apartments 3 and 4 months instead of re renting them to others after leases were broken early. 300 is bit stiff but in our state it appears landlords aren't forced to mitigate by re renting a unit right away SO if you help send tenants to them they may be able to re rent the unit faster. ultimately it is up to them to screen prospects that may end up replacing you but do keep in mind it is summer now and it should be easier to get it re rented than compared to say November - March.
 

Gail in Georgia

Senior Member
Unless changed recently, it appears Minnesota has no statute that requires a landlord to mitigate losses by attempting to find a replacement tenant should the original one break the lease:

https://www.landlordology.com/minnesota-landlord-tenant-laws/

Thus, it would benefit the TENANT to start beating the bushes to find a suitable replacement should they desire to break their lease early (or continue paying rent until their lease would normally expire).

Gail
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top