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

[Cary Sabol]

My opinion is that tenant must both provide 60 days notice, pay the full rent while living at the premises, and pay the agreed upon liquidated damage payments.  If the tenant only gives the 60 days notice of early termination and pays rent only for the time he/she resides at the premises, then it wouldn't be a liquidated damage payment, it would just be rent.  The purpose of the liquidated damage payment is to essentially buy out lease in exchange for the landlord's agreement to allow early termination, otherwise the contractually agreed upon lease term would be meaningless.  I don't see how it could be interpreted any other way.

Cary 
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416 
Phone: (561) 281-2744 

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On Monday, June 23, 2014 3:00 PM, Anthony J. Horky <ahorky at horkylaw.com> wrote:
  


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, 
 
  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                    
www.horkylaw.com
  
This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product.  If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky at horkylaw.com.
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