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Can the landlord keep an early termination fee if it is not in the original lease?

Farmington, NM |

We terminated lease early, in lease it stated that we had to give 30 day written notice, we did. Said nothing about a termination fee in lease. When we turned in our written notice we were told to sign a paper or we would still be liable for the lease (4 months). It said that they would apply a fee of $724 for early termination. I said no, I need to talk to husband first. She then said that if I signed and the apartment was in good condition and ready to re rent by the first, that they would waive the fee. It was, there were no damages, and they kept $500 for early termination. We vacated the apartment in the 31 of january, it is only the 12 of february, and the apartment is already rented again. Can we fight for the $500, or can they keep it?

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Attorney answers 1


It sounds like you signed based on additional terms stated verbally at the time of signing. To win you will have to prove what "she" said and that you complied with the terms she stated. Get the lady's name and position. To get the $500 back you will need to file a small claims suit. Before filing I would demand they honor the verbal agreement or face litigation.

-Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 This posting is provided for “information purposes” only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different jurisdictions.

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