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Re: What is a reasonable termination fee (PA) - Landlord Forum thread 355995

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Re: What is a reasonable termination fee (PA) by mdk0420 on February 2, 2018 @00:45

Here are the two phrases I wrote. Let me know what you think. I made one specifically for terminating the lease early, that way it is in no way a breach of contract and rather just an out option for the tenant. The second phrase is for a breach of contract and is worded a little more harshly, but in the end they are both basically the same thing.

"5. Early Termination: Tenant is required to give a 30 day written notice to Landlord requesting to terminate the lease early. Tenant will be held responsible for up to two months of rent or until the unit is rented to a new Tenant. Tenant will be charged with all costs associated with renting the home to a new Tenant including but not limited to, advertising and management company fees. Tenantsí security deposit may be withheld to cover these damages in addition to any other damages outlined in this lease. Landlord will in good faith, attempt to rent the unit to mitigate costs associated with vacancy."

"6. Consequences of Breach by Tenant: If Tenant, by any act or omission, or by the act or omission of any of Tenantís family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person).

In compliance with Pennsylvania Code 250.501:

A landlord may notify, in writing, the tenant to remove from the leased premises at the expiration of the time specified in the notice under the following circumstances, namely:

1. Upon the termination of a term for the tenant
2. Upon forfeiture of the lease for breach of its conditions
3. Upon the failure of the tenant, upon demand, to satisfy any rent reserved and due.

In case of the expiration of a term or of a forfeiture for breach of the conditions of the lease where the lease is for any term of one year or less or for an indeterminate time, the notice shall specify that the tenant shall remove within fifteen days from the date of service thereof, and when the lease is for more than one year, then within thirty days from the date of service thereof. In case of failure of the tenant, upon demand, to satisfy any rent reserved and due, the notice shall specify that the tenant shall remove within ten days from the date of the service thereof.

Tenant expressly agrees and understands that upon a tenantsí breach of lease or Landlordís termination of this lease due to a breach, an amount of 2 monthsí rent will be due immediately. Landlord may hold the portion of Tenantís security deposit remaining after reasonable cleaning and repairs as a partial offset to satisfaction of the damages.
Initial: ________________________________________"

Thoughts? Nothing sounds unreasonable? Within state laws? Thanks :)
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Re: What is a reasonable termination fee (PA) by Garry (Iowa) on February 2, 2018 @11:15 [ Reply ]
Why are you trying so hard to come up with your own versions of fees and penalties, just to fit your ideas of how to try to stop a T from breaking a lease ? You already have access to your state's LL/T codes, as you have been printing the code sections on the forum. Whatever is in those code sections, just put down that actual wording in your lease. In the past few years, Iowa has done away with the words "fees" and "penalties" in their codes, and inserted " actual damages". Also in our codes, the LL must try to mitigate damages. All this means LLs cannot just automatically assess a pre-specified amount for any breach of lease. They must take it upon themselves to fix the breach of lease asap, and THEN assess any ACTUAL damages they suffered, against the T.

Besides, no matter what wording is in your lease, they are simply words written on a piece of paper. And, lets face it, life happens. 99% of tenants don't want to break a lease. They just want a place to live and carry on with their own personal lives. And any damages past a Ts deposit, is probably going to have to be taken to court, and proven to a judge that you deserve those amounts. Why have something in your lease, that has a high probability of being thrown out. I think your time would be better-spent on reading, knowing, and following your state LL/T laws, and incorporating their actual wording into your lease.
    Re: What is a reasonable termination fee (PA) by mdk0420 on February 2, 2018 @13:24 [ Reply ]
    I'm trying to sum it up the best I can so I don't end up pasting all of 250.512 lol. A brief description of what could happen would be enough. As long as it follows along the state laws, then it should be fine. Some laws are difficult though. Like "Reasonable" time and such. There's no state law that says about the time it takes to re rent a home. Just that its reasonable.

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