January 28th, 2009
It’s amazing to me that people can say one thing to your face, then turn around and do the complete opposite behind your back. Why can’t people keep their word? I do! It’s not hard to be real, and I suggest more people try it.
Below is a letter from my tenants, who terminated the lease early and now want their deposit back, though it clearly states in the lease that the deposit and last month rent are forfeited for early termination.
34. All parties agree that termination of this Agreement prior to termination date will
constitute breach of the tenancy and all Security Deposits and one full month’s rent shall
be forfeited in favor of Landlord as liquidated damages. Tenant will be charged the cost
of restoring the property to rental condition and also advertising and rent loss incurred
until the new resident moves in. Your liability for rent loss is limited to thirty (30) days
after restoration is complete.
Reads pretty clearly to me. I am just AMAZED that people (in personal life and business) can sign agreements saying “YES, I AGREE TO THESE TERMS,” yet when it is not in their favor they say “NO, THAT’s NOT FAIR!!!”
Hard lessons learned by me, TAKE NOTES, always always cover your ass
And sadly, don’t trust people
LETTER:
We had someone review the lease while we were dealing with the purchase of our new home. Its their opinion that we would stand a better than average chance, should we press the issue, of recovering our last months rent and security deposit given some poorly written and inconsistent language in our lease agreement as well as Ohio law that protects renters in these situations.
George, we entered our agreement amicably and hope to leave amicably as well. So I would propose to you that we would not press forward in exchange for you refunding our security deposit (less any reasonable expenses related to damage of which we believe there is none) plus half of our last months rent.
Please let me know your thoughts as its our desire to end things on a positive note.
Warren
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