Any residential lease legal gurus out there?

[Jersh]

I just found out today that there is a position within my company open in Florida that is identical to my current position, so SWMBO and I are trying to decide if we want to relocate back to sunny Florida after a couple years in the DC area.

Only problem is we have a lease that expires July 31st, and we would need to be breaking the lease well before then. There is a clause in our lease that might allow us to get out of it, but I was hoping someone more knowledgeable than me might be able to confirm that I'm reading this correctly... Here is the clause verbatim:

TRANSFER OF TENANT: If the Tenant (i) is transferred 35 miles or more (radius) from the Premises by his current employer, (ii) discharged or released from active duty with the Armed Forces of the US or from full-time technician status with the VA National Guard, or (iii) if a member of the Armed Forces of the United States or on full-time or technician status with the VA National Guard, is ordered to report to government-supplied quarters resulting in the forfeiture of basic allowance for quarters, the Tenant shall have the right to terminate this Lease. In cases not covered by the soldiers and Sailors Civil Relief Act, the termination shall be effective on the last day of the second calendar month following the month in which the Landlord receives the notice of termination from the Tenant. In cases covered by the Soldiers and Sailors Civil Relief Act, the termination shall be effective not less than 30 days after the Landlord receives written notice of such termination from the Tenant. In consideration of such termination, the Tenant shall provide a copy of the Tenant's transfer or orders and the final month's rent (prorated to the effective date of termination).

This would be a voluntary transfer, so as long as I can get some sort of document from my manager saying that I am being transferred to a different territory I think I should be fine?

We would need this place until the end of April, so if I'm reading that right then we would just have to give our notice sometime in February, and then pay our regular rent for March and April, and that would be our two calendar months.

Sorry for the long post, just curious if anyone out there can lend any advice. Thanks!

 

[bad coffee]

If you can get some kind of letter/statement from your employer, go for it!

B

 

[the_bird]

Language seems pretty clear to me. Doesn't indicate that the transfer needs to be involuntary. Go for it.

 

[alcibiades]

interpreting the "intent" of the terms, the clause might only apply to those who are being involuntarily transferred (like the mentioned armed forces situation). Still, it is not entirely clear on its face. To be safe, you could even draft a simple letter that is worded to suggest that you are being transferred (as opposed to a voluntary transfer), and have your manager sign it. After all, how voluntary is a transfer when it is FREEZING in VA right now?

For example:
"I, (managers name), confirm that (your name) is undergoing a transfer to florida. Accordingly, he will be lworking in Florida full time, and as a permanent resident."

Youre safe giving notice in February, according to the contract.


Cheers

 

[homebrewer_99]

That's called a "Military Clause". I used to get them in my leases all the time.

As an Army civilian I moved in to an apartment in July and PCSed to IL in Nov...not even 4 months. I had no additional fees or rent to pay...not a dime.

It doesn't matter if the move is voluntary or not. I'm pretty certain point (i) qualifies you (even without the military part).

Just type up a letter listing any specifics like date of transfer and new office location and get your supervisor to sign it you should be good to go.

 

[Ashz]

I am no expert by any means. That being said. The transfer you are contemplating, does it involve a relocation package? Years ago I got out of a pretty sticky lease agreement by the employer actually paying the money to break the lease. This of course was wrapped up in a relocation package. If you don't have that, and with the voluntary transfer stuff it sounds like you may not, then this is all irrelevant.

If you don't have that option then I agree with the previous posters that getting a letter with your managers stamp of approval should pass muster with that agreement.

 

[Doc Robinson]

I'm an attorney.

The clause IS clear on its face. Under the claimed exception (relocation by employer), notice must be given by February 28th to terminate on April 30th. However, voluntary relocation DOES NOT qualify under the exception. As such, a letter from your employer to your leasing manager indicating that you are being transferred to Florida will suffice. The letter does not need to indicate a reason, just that it is happening. It does not need to state that it is voluntary or involuntary. Really, the following is all it needs to be:

To whom it may concern:

On May 1, XXX Company is transferring Jersh to Florida.

Sincerely,

XXX Company

If you have an individual within your organization willing to do this for you, you will have no problem from a legal standpoint.

 

[Jersh]

Thanks for the responses everyone! I doubt that I'll be getting any relocation assistance, simply because when I took this job 18 months ago, my company gave me assistance then to move from Florida up here to DC, so now I'm just reversing that.

 

[bullinachinashop]

Honor your lease.

It's not right to screw your landlord because you can get around the legalities.

You signed the lease, now own up to it! Your landlord held up his obligations to you.

Bad Karma!

Bull

 

[the_bird]

Honor your lease.

It's not right to screw your landlord because you can get around the legalities.

You signed the lease, now own up to it! Your landlord held up his obligations to you.

Bad Karma!

Bull

Uh, he is. The lease says that he can break it if he gets relocated. Written into the lease itself. Absolutely no negative karma points for doing exactly what the contracts allows. They're the ones who wrote that clause!

There's nothing untoward here whatsoever. Proceed to warmth.

 

[bullinachinashop]

He's choosing to move, his employer is not asking him to.
I quess it's ok to do whatever you want as long as you can get away with it.(I'll have to start teaching my kids that!!!)

Bull

 

[the_bird]

If the leasing company wanted to restrict the ability to break the lease to only involuntary moves, they just needed to insert one word. They chose not to (probably because they'd have a more difficult time finding tenants who'd agree to the clause).

I fail to see how doing exactly what is EXPLICITLY - EXPLICITLY allowed in the contract is in any way, shape, or form unethical.

 

[mosquitocontrol]

Wow you sure are lucky. I've never seen a lease that forgiving! When I moved because of jobs I was stuck with a 2-month penalty and had to pay rent until they found a new tenant. You look straight as long as you give 60 days notice.

 

[remilard]

I quess it's ok to do whatever you want as long as it is in accordance with your legal obligations as set forth in contracts that you and other willful parties have signed.(I'll have to start teaching my kids that!!!)

Slight rephrasing to much more accurately describe the situation at hand.

 

[Jersh]

Wow you sure are lucky. I've never seen a lease that forgiving! When I moved because of jobs I was stuck with a 2-month penalty and had to pay rent until they found a new tenant. You look straight as long as you give 60 days notice.

This is a privately owned condo that we rent, it's not an apartment complex or a large rental management company, just a regular joe that has a few rental properties. The guy has owned this unit since the early 80's, so I'm pretty sure he's making a killing on it right now, so he won't starve if it sits vacant for a month or two, which I'm sure it won't because it's such an incredibly good deal for the location. We do have to pay "liquidated damages" equal to half of one months rent, so we're not getting out 100% scott-free but it sure is better than a lot of other situations I've heard about.