Profile picture for mrs ryca

What is a customary break lease clause?

We have rented same house 4 yrs and want to buy.  We asked for a break lease clause to be added to the lease in case we found something we loved.  Well, they want 2 mos. rent on top of losing our security deposit for breaking.  Is this a little extreme?  They wont go month to month and if they did agree to that the rent would be raised by a 100 or more/month.  Other than trying to time our buy around the end of the lease what can we do?
  • January 30 2012 - Orlando
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Answers (3)

Best Answer

Profile picture for Caveat Emptor
First, do a quick calculation. you are looking to buy soon(within 6 months?) so if they raised your monthly by 100, would that really be a huge deal(i mean compared to 2 months and total loss of security deposit) technically, he can do that anyway when the lease runs.

Second, Its not that difficult to buy on a schedule. you set the closing date when you make your offer, it can be 2 months out.

Regarding what is "typical." the law says that if you break your lease, you pay for the remaining term of the lease unless the landlord can re-rent it. you can't make him do month to month or add a clause waiving that right. when your lease ends, you have the right to move into an apartment that DOES rent month to month, if you prefer. even a smaller one that costs less so you can save just a little extra cash(hint, hint).

so, the point is that what someone else would do doesnt really matter in this case. I agree that its a fairly jerk-landlord move after he got 4 years out of you, but it is what it is.
  • January 30 2012
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Profile picture for sunnyview
Those terms sounds little extreme to me. Around my area, the general break lease charge is no more than two months rent. Security is security and should not figure into it at all.

I would take the $100 rent increase and go month to month. If you plan to buy, you can even offer to give them a longer notice like 45-60 days since it will take time for you to close escrow and it gives them a little longer to find a tenant.
  • January 30 2012
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Profile picture for wetdawgs
What you describe is pretty typical in our area.  If you are planning to buy soon, I'd go for the month to month (assuming that means you get your security deposit back).
  • January 30 2012
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