Can I terminate my rental agreement under the following provisions?

Question

I signed a 12 month "Rental Agreement" on house that I am currently living in. I am 4 months in and I want to move. The rental agreement states the following under the heading "TERMINATION" section 15.

"This agreement and the tenancy granted and created by it may be terminated at any time by either party giving to the other party not less than THIRTY (30) days prior written notice."

Section 1 - "Rental Agreement" spells out that the agreement is for one year, but the termination section seems to trump that given the proper notice. The landlord is saying that the termination section only applies to periods after the 12 months and the contract is on a month to month basis, but this is not stated anywhere in the agreement. They are saying I would forfeit my deposit if I choose to move early.

My question is: Does the landlord have the right to keep my deposit if I terminate early?

I have also read that there is a legal difference between a Rental Agreement and a Lease. Is a rental agreement cancelable?

Answer 1

That clause simply indicates that a 30 days notice is required it does NOT indicate that there would be no penalties. If your lease does not list any specific lease break penalties then you are still bound by state laws. Most states allow the landlord to keep your deposit or charge you rent through the end of the lease or until it is re-rented. You do not get off scott free when breaking a lease unless you have legal grounds & go through the proper legal procedure.



NO! You are wrong - a rental agreement & a lease are basically the same thing. No rental agreement or lease can just be canceled. Even if you could argue that they are different, the rental agreement IS STILL a legally binding agreement. You can never just cancel any legally binding agreement & not expect to pay for it.

Answer 2

I'm not a lawyer, but if it doesn't say it and the( landlord did not tell you at the time of signing), the rental agreement is the law.It has to be by the written in the contract and the contract,doesn't say your deposit will be held, he can't keep it. If does not say any thing in the contract about early termination before or after, the first 12 months, even if he says it's a month to month now, the written agreement is binding, but you may hat to go to court,if you would get your deposit back, or get a lawyer to help you.

Answer 3

The termination verbage just gives you an out without having to pay rent for the full year, it doesn't necessarily guarantee that you'll get your deposit back. That should be addressed elsewhere in the agreement. If it's not then it goes back to any verbal communication at the time you signed the agreement. If it wasn't specifically discussed, then it depends which one of you the judge likes better.

Answer 4

"This agreement and the tenancy granted and created by it may be terminated AT ANY TIME by either party giving to the other party not less than THIRTY (30) days prior written notice." - based on this statement, I think you can give him 30 days notice and be out of it. Do it in writing by Certified Mail. Seems like the landlord didn't read it very well....

Answer 5

You win and the landlord loses.



No, your landlord does not have the right to keep your deposit because you have followed the exact provision of the agreement.



Any ambiguity in the rental agreement will be decided in your favor because the contract is "drawn" by the landlord and according to contract law any murky or unclear provisions are decided against the maker (drawer) of the contract.