if I want to move out before the end of my lease term, can my landlord require me to pay a fee for marketing to find a replacement tenant if I found one on my own?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
if I want to move out before the end of my lease term, can my landlord require me to pay a fee for marketing to find a replacement tenant if I found one on my own?
I signed a lease break addendum that requires me to pay $900 for the property to be marketed. The landlord hasn’t signed and I found a qualified tenant, who is going to pay $150 extra a month on top of what I pay and they were approved by the landlord. The landlord is now asking me for my $900 fee and I am seeking advice on whether I am legally obligated to pay since I found the tenant and it was never marketed.
Asked on February 1, 2019 under Real Estate Law, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If you signed the addendum, which is a contract, you are legally obligated to pay what it requires you to pay, when it says you must pay it. So if the addendum says that you must in all cases pay the $900 marketing fee for breaking your lease--i.e. it doesn't say that you only have to pay it IF the landlord does in fact have to market it--then you have to pay. The addendum is enforceable as per its plain terms.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.