[RPPTL LandTen] early termination fees....plus 60 days' notice? C'mon already...

[Anthony J. Horky]

Hello all.  I ask for some guidance on the following issue.

 

Residential tenant has liquidated damages addendum for early termination
equal to two months' rent.  Paragraph 3 of the lease," Lease Term and
Termination Notice Requirements" states that the lease will automatically
renew on a month to month basis unless tenant provides 60 days' notice of
termination or intent to move out.  In the early termination addendum, it
states that landlord is entitled to all rent that accrued through the end of
the month in which it retakes possession.  

 

Landlord tells tenant he must give 60 days' notice and pay the 2 month early
termination fee.  I don't think that is correct-the purpose of the early
termination fees is just that, when a tenant decides to terminate the lease
prior to the end of the term. 

 

Your opinions on whether the tenant must give 60 days AND pay 2 months' rent
is invited and greatly appreciated.  Thank you.   

 

Regards, 

 


 

AJH Logo mark

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

2255 Glades Road, Suite 324A

Boca Raton, Florida 33431

T: 561.989.3206

F: 561.952.0096                    

 <http://www.horkylaw.com> www.horkylaw.com

 


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