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not sure it this is the right forum for this question


user33658
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We made an offer on a house two days ago and it was accepted. My lease is up on the apartment we live in on 1/28. The closing date for the house is 1/26. When I paid rent today, I told the property manager that we would not be renewing lease because we were trying to buy a house.

He told be we would have to pay 2 months rent which would equal up to a 60 day notice.

If we don't renew our lease and are out of the apartment before the lease is up how can they charge us two months rent.?

Also, my realtor said that if you are buying a house you can break your lease. The property manager at my complex said he has never heard of that.

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Check your lease, does it say that you have to give 60 days notice? Does it say anything about breaking the lease for instances of military call up, death, or house being bought. That is what the leasing office is going to go by.

I would assume that since you gave 30 days notice, you may have an additional 30 days rent to pay. Make sure you give notice in writing as well.

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The realtor and the landlord are both blowing smoke. The realtor is wrong in that, unless the laws in your state are really screwy, you cannot break a lease because you are buying a house. A lease is a contract just like any other and it obligates the lessee to pay rents over a certain period, whether or not the lessee occupies the property. However, most reasonable lessors will allow you to vacate early without penalty if they can release the property within the notice period you give them, or if you sublease the property to someone else (assuming your lease permits you to do that). What the lessor is doing is ensuring a consistent flow of rent payments.

OTOH, the landlord has no rights to monies from you beyond the terms of the original lease; if you agreed to pay rents through 1/05, then that's what you pay. The only way he can legitimately claim the money is if the lease has a requirement for a 60-day notice of non-renewal, but I've never heard of such a thing for a residential lease.

Since your lease is up, the realtor's claim of permissible breakage is irrelevant. The landlord's claim is the problem. It is doubly a problem if he is holding some form of deposit for repairs, etc. My advice - check the terms of your lease carefully to see whether he has any rights to what he is claiming. Second, if he has a deposit, demand he give you an estimate of any damages he will claim before you pay him any rent this month. Have an idea of what you think you should pay for and be ready to dispute. Chances are this guy will try to nail you for this too.

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