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thirty (30) day notice to the landlord if the tenanwants to terminate the tenancy. In this case,

the landlord should have given the tenant sixty (60) days to sign the new lease or vacate.

I moved out of my unit three months before my lease expired. The lease states that I have to pay my landlord an early termination fee of $1000. Is this legal?

Early termination fees are enforceable as valid liquidated damage clause if (1) the

injury caused by breach of the lease is dif lt uor impossible to estimate accurately; (2) the

parties intend the amount to cover damages dn not act as a penalty; and (3) the amount is a

reasonable

estimate

of

the

landlord's

loss

due

to

the

early

termination

of

the

lease.

If

these

requirements are not met, then the early termination fee cannot be enforced against the tenant.

I need to move, but the landlord will not let me terminate my lease early. Can I sublet my apartment to someone else for the remaining six months of the lease?

You need to read your lease carefully andee if it contains languagethat prohibits you

from leasing your apartment to another. Ofte the lease will require thelandlord’s permission

prior to subletting. When someone other than theoriginal tenant occupies the premises, they are

called a subtenant. A subtenant has the right to use and occupy therental property but that right

comes from the original tenant and not directlyfrom the landlord. Thesubtenant may pay rent

directly to the landlord but the original tenantremains liable to the landlord for the rent and any

damages caused by the subtenant. The landlord canelect to treat the subtenant as his tenant for

the unexpired term or the lease. The landlord'election must be an epress recognition of the

subtenant

or

be

implied

from

affirmative

acts

and

conduct.

The

landlord's

acceptance

of

rent

from the subtenant does not alone establish that t e landlord elected to treat the subtenant as his

tenant so as to release the original tenant from liability under the lease.

Who is a subtenant?

A subtenant is a person who has the right t use and occupy rental property leased by a

tenant from a landlord. A tenantcan sublet rental property toa subtenant, but often must obtain

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