Am I legally able to request a lease termination fee if the line item was not filled in at the time of signing?
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Am I legally able to request a lease termination fee if the line item was not filled in at the time of signing?
My landlord has exercised her right to terminate our lease. The language in the notice to vacate states that the
Asked on November 1, 2018 under Real Estate Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
1) If no amount was filled in for an early termination fee, there is $0 due; a court would interpret a blank in the contract/lease in that place as meaning there was no payment contractually (a lease is a contract) required or agreed upon.
2) There is no breach of quiet enjoyment for a failure to make repairs; if the repairs affected habitability (the ability to safely use the property for the agreed upon purposes; in this case, as a residence), you *may* be able to sue for compensation based on the decreased habitability from the failure to repair--but only to the extent that the unmade repairs actually decrease the ability to safely use the space as a residence. Repairs that might have made the place nicer but whose absence did not actually impair the ability to inhabit it would not result in compensation.
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