Early Termination Clause in our Problem Lease (louisiana)

[dnkelly1977]

Ok this is further to an earlier post, but I have posted it separately as it is a specific question and the rest of the huge story is not needed. Basicaly following the move out of our housemate (duty to military orders) our landlady is saying that we have no choice than to see out the remaining 3 months of our lease, paying the full rent of $1100 per month (including our ex housemates half).

However. If anyone could tell me how they determine this clause in our lease I would be very thankful. OK, Part 4 of our lease is:-

4. Early Termination

Tenant may terminate this lease before the expiration of the term by:

a) Giving Landlord thirty days written notice on or before rent is due,
b) [B]Paying all monies due through the date of termination[/b], plus
c) Return Property in clean and ready to rent condition, plus
d) Paying a $200 administration fee

Now we think that she wants it to mean that you pay all the rent to when your original lease was up, but to me it reads as we just need to have paid all rent due up to the date WE terminate the lease. If she says that isnt what she meant then surely it isnt clear enough. We spoke to the manager of the apartment complex we want to move to and she said that yes it wasnt very clear but she agreed with my perception of it, and that she could not charge an admin fee if all rent for the original lease was paid.

Any thoughts?

[elklaw]

It does not sound like anyone gave her 30 days notice in writing, so she is going for the max by asking you to pay the remainder of the lease. She is not a bad person for going for the max money if you cannot take the time to write her and give 30 days notice of moving. So you need to follow the lease. Also I suggest consulting base JAG legal assistance if you need help understanding this better.

[dnkelly1977]

Thanks for your reply. However I think you misunderstood a little. We have (had) full intentions of giving the required notice. I was asking what other peoples interpretations of the wording in the clause were, as others, and myself found it pretty unclear. We are not the kind of people who "cannot take
the time to write her ". And believe me. She is a bad person!!!!! We didnt seek to move out at huge cost for any other reason.

[grasmicc]

Originally Posted by dnkelly1977

Thanks for your reply. However I think you misunderstood a little. We have (had) full intentions of giving the required notice. I was asking what other peoples interpretations of the wording in the clause were, as others, and myself found it pretty unclear. We are not the kind of people who "cannot take
the time to write her ". And believe me. She is a bad person!!!!! We didnt seek to move out at huge cost for any other reason.

The clause appears perfectly clear to me.

(1) You give written notice (by Certified mail if you know what's good for you .
(2) you pay the rent until the day that you intend to leave as indicated in your written notice (and get a receipt).
(3) you vacate and clean. (Peferably with a professional cleaning service. You might also want to take some pictures to prove that it was in good condition, and/or give your manager a chance to inspect the property a few days before the termination date)
(4) you pay $200 administration fee.

It's extremely clear that you pay only through the EARLY termination date - what would be the point of the early termination procedure otherwise?

Even if it weren't perfectly clear (which it is), when contract terms are ambiguous they are interpreted against the drafter of the contract - in this case the manager.

As a practical matter, just make sure you document your compliance with each of the four steps above. If she continues to request additional money or refers you to collections after you move out (which she probably won't), then see an attorney immediately.

[dnkelly1977]

Many thanks for the constructive reply. You interpret it exactly how I do, unfortunately the Landlady says that my interpretation is wrong and that I need to pay rent through to the termination of the original lease. We spoke to Navy JAG, admittedly the person we saw didnt exactly seem that interested and was infact rude at times, they say that we need to pay through to the original lease date. I have sent written confirmation of our proposed early termination date, and a cheque for rent through to that date and a $200 admin fee. If she thinks that incorrect we will take it from there. Her lease obviously wasnt clear enough. Thanks again for that reply.

[grasmicc]

Originally Posted by dnkelly1977

Many thanks for the constructive reply. You interpret it exactly how I do, unfortunately the Landlady says that my interpretation is wrong and that I need to pay rent through to the termination of the original lease.

Honestly, who cares how she interprets the lease?

It's not uncommon for landlords/merchants/companies to "demand" money that they are not entitled to.

When that happens, you just don't pay them. Odds are, at that point she'll contact her attorney who will set her straight. You'll probably lose your security deposit unless you feel like suing her.

If you need a free lawyer, there are some listed here. Click on Louisiana. http://www.abanet.org/legalservices/...irectory.html#