I live in a less than 2 year old tax credit, income limit senior apt. It has had very poor management. The new manager doesn't seem to know any more about property mgmt than the one that was fired months ago. My lease expires in less than 30 days and I hope to stay on but I have not been offered or signed a new lease (the manager doesn't seem to know how yet even though he's been here over a month). I know the lease will contain an addendum that gives 2 options in case of early move out: "...pay an amount not to exceed 2 months rent", OR "I/We do not agree to liquidated damages or an early termination fee, and I/We acknowledge that the landlord may seek damages as provided by law" which I understand means they can collect rent from me until it's either re-rented or the lease ends. The Managers job description states any empty apts should have a turn over rate of 2 weeks or less. The apts have a waiting list but the manager doesn't seem to have any concern about moving new people in and approx 1/5 of the apts are empty due to residents moving out early due to poor management. If it doesn't improve I want to move out early also. Which of the 2 options would you suggest I take?
I would suggest you find a better managed place to live, NOW. OR request a lease by a date certain (hi, since my lease is expiring X< i would really like to know if I'll be able to rent agin for the following year; please let me know by (should have been LAST month!, but now as soon as reasonable , maybe a week give them, but set out a date certain...."if i don't hear from you by Tuesday, November X, I will assume you do not intend to enter into a new annual lease, and will begin to look elsewhere. Thank you, etc....Ot you could just stay quiet, and chance it. That's not me, but it is totally your call (as long as you know the consequences of guessing wrong). But the way I see it, if you have not received a Lease to sign, you may NEVER get one, and will have to be out at the end of the month, no choice. Second, you say you "know" what the new lease (that you haven't yet seen, much less ben given to sign) will contain the statutory "liquidate damages" provision - but how could you know for SURE? But, third, assuming for the sake of discussion you DO get a new lease, and it does contain that provision, I am sorry to say there is no way we can predict your situation beforehand (i.e., enough to suggest one option of the the other). It would certainly SEEM to favor a tenant, as it could as it would make it clear to both parties just what the "damages" would be in such a situation. Example: Assume a One year lease $1000. a month rent. Lease ends on December 31. Tenant moves out on November 3rd. Damages to be paid if there's Lease where the clause is checked: Apx. $3,000 (2 months plus month of November). Damages w/o box checked - IF Landlord moves another tenant in December 1? = $1000 (November's rent) Damages WITH box checked - EVEN IF Landlord moves another tenant in December 1? $3000. Damages if no checked box and landlord moves himself in on December 1 = $00. And, if the tenant leaves earlier in the term, however, like in JUNE, it could save the tenant a LOT of money (as the landlord COULD seek all those months rent as they come due). Assuming - and this is a BIG "if" - IFFFF the Landlord in any of these cases is truly MOTIVATED (enough and well-funded enough) to pursue them. What does this mean? I'm afraid it all means that the answer here is, has to be - ack! - "it depends." You'll have to "pick your poison" as they say, and then let the cards fall where they may. Hope this helps. Good luck! gsg
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The answer is do NOT renew the lease and move out to a new place. Asking what is the better choice for your future breaking of the lease is simply not a viable question that a lawyer can answer - its like asking whats better a punch in the gut or a punch in the face? Too many variables and both are gonna hurt and leave a mark.
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