QUESTION
Can I charge one more month besides the penalty fee in this early termination rental lease?
Asked on Feb 11th, 2014 on Breach of Contract - Florida
More details to this question:
The lease contract has a clause for early termination fee: "I agree, as provided in the rental agreement, to pay $ 1300.00 (an amount that does not exceed two months rent) as liquidated damages of an early termination fee if I elect to terminate the rental agreement, and the landlord waives the right to seek additional rent beyond the month in which the landlord take possession. There is no other clause that the landlord agrees or not in to seek additional rent. I signed the agreement understanding (wrong or not) that I could charge additional month rent besides the $1300.00 fee.
1 ANSWER
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It all comes down to the lease itself. If you are quoting the early termination provision, it seems to be a little ambiguous. On the one side, it sounds like you only get the early termination liquidated damages of $1,300; however, you can read it another way that you also get rent for the month in which you take possession. Here’s the problem – on the legal side, ambiguity in the contract is interpreted against the party which drafted the contract. Therefore, I'm hesitant to say you're going to be able to get the extra month. However, let me be very clear that in order to really know the answer to this, you should have an attorney review it in its entirety. Finally, to lower future headaches, don’t ever use a contract that you are not 100% sure what it says. This advice even extends to contracts an attorney may draft for you… have the attorney explain it to you. Or, if you’re using a 3rd party contract/lease agreement, have it reviewed by an attorney. The cost is minimal to the value.
Answered on Feb 11th, 2014 at 4:43 PM