Re: Tenants Counter-Claim - Landlord Forum thread

Re: Tenants Counter-Claim by NY-LL on July 5, 2012 @11:55

The tenants are in violation of the lease agreement due to the early lease termination. The early lease termination clause allows the tenants to provide “two months advance notice” to the landlord prior to the termination. The early lease termination clause requires a “payment minimum” for early lease termination. The HOA by-laws do not allow for re-rental or multiple rentals within a one year period.

The “payment minimum for early lease termination” could be interpreted as being the remainder of the lease term due to the HOA re-rental restrictions. The landlord should modify the small claims lawsuit to enforce the full remainder of the lease agreement, including all unpaid months of rent.

Bring the lease agreement and the HOA by-laws with the restrictions highlighted to court.
Advise the court that the tenants are aware of the HOA restrictions which limit re-rental within a one year period. Request the court to enforce the entire term of the lease agreement and penalize the tenants for the remainder (3 months) of the lease agreement until September 30, 2012.

To support the landlord’s case, review the lease agreement in its entirety to confirm whether a clause exists which restricts early lease termination by the tenants until after lease renewal and the completion of the full one year lease term.

While it may be irrelevant …
- What were the tenants’ reasons for early lease termination?
- What were the landlord’s reasons for providing the early lease termination clause?

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Re: Tenants Counter-Claim by Anonymous on July 5, 2012 @12:08	[ Reply ]

I can see where you're coming from, here's where I think the landlord would have problems. The "payment minimum" is not clearly defined at all. It could mean anything. The landlord in his earlier post has admitted that he didn't mention the HOA by-laws to his tenants until after they broke the lease. The tenants didn't know this was an issue, again, due to poor communication. I cna't imagine the lease has any stipulations about when the tenants can use the early termination clause. It sounds like a standard state lease agreement was used based on his previous post. Regardless, you have to admit this clause is poorly written. The landlord has admitted the lease is absent of any language speaking to an early termination penalty or notice other than this handwritten clause, which was not initialed or dated on this lease. I see it as the tenants went forward with everything acting as they saw the lease termination penalty to be, then upon telling the landlord, had his interpretation sprung upon them. The landlord should've had this clause and his HOA by-law restrictions spelled out much more clearly than they were to his tenants.

Re: Tenants Counter-Claim by NY-LL on July 5, 2012 @20:05	[ Reply ]

While the HOA by-laws do not allow for re-rental or multiple rentals within a one year period, the early lease termination clause allows the tenants to provide “two months advance notice” to the landlord prior to the lease expiration and requires an undefined “payment minimum” for early lease termination. The early lease termination clause does not seem beneficial to the landlord and lacks consideration for the terms and condition of the HOA by-laws. The landlord should explain the rationale for writing an option for the tenants to violate the lease agreement with an early lease termination clause not beneficial to his own financial interests.