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  1. #1

    Default Breaking a Lease Renewal Before the Term Begins

    My question involves landlord-tenant law in the State of: Kansas

    My current lease expires on July 31 of this year, and in April, I signed a renewal, which goes into effect on August 1, extending the lease through July 31 of 2016. However, due to a series of circumstances falling into place, I have a job opportunity to move back to my home state, with my current company and I would like to break the renewal. I've spoken with my landlord, and he wants to charge me 6 months rent as a penalty for breaking the renewal, even though the renewal doesn't take effect until August 1, and even though I am providing over three months notice. I have also reiterated that I will honor the existing lease to its completion, but I want to cancel the renewal.

    Do I have a leg to stand on, in protest of the six month penalty?

  2. #2
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    Default Re: Breaking a Lease Renewal Before the Term Begins

    He's full of baloney.

    I suggest you just tell him again, in writing, that you'll be gone by July 31 and you won't pay him a dime after that.

    The law requires that he mitigate his monetary loss by re-renting as soon as reasonably possible and his not going to let the place stay vacant with no money coming in.

    The rules in Kansas regarding a landlord's duty to mitigate were stated in Lindsley v. Forum Restaurants, Inc., 3 Kan. App.2d 489, Syl. ¶¶ 3, 4, 5, 596 P.2d 1250, rev. denied 226 Kan. 792 (1979):

    "Where a tenant, under contract to pay rent on real property, abandons the property and notifies the landlord of that abandonment, it is the landlord's duty to make a reasonable effort to secure a new tenant and obtain rent before he can recover from the old tenant under the contract so as to lessen the injury. Following Gordon, Executor v. Consolidated Sun Ray, Inc., 195 Kan. 341, Syl. ¶ 3, 404 P.2d 949 (1965).

    "It is a general rule of law that one injured by reason of breach of contract by another is under a duty to exercise reasonable care to avoid loss or to mitigate and minimize the resulting damage. Such reasonable care does not require a party 272*272 to execute a new or different contract. Following Iseman v. Kansas Gas & Electric Co., 222 Kan. 644, Syl. ¶ 1, 567 P.2d 856 (1977)."

    "The duty to mitigate damages is not an unlimited one and an injured party is required only to exert reasonable efforts to prevent or minimize his damages within the bounds of common sense. Following Steele v. J.I. Case Co., 197 Kan. 554, Syl. ¶ 5, 419 P.2d 902 (1966)."


    http://scholar.google.com/scholar_ca...en&as_sdt=4,17

    He may be entitled to apply your security deposit to the period between July 31 and the occupancy by a replacement tenant so it's up to you if you want to have somebody monitor the premises for the occupancy date and then go back to Kansas to sue in small claims court if he withholds any of it wrongly.

  3. #3
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    Default Re: Breaking a Lease Renewal Before the Term Begins

    Quote Quoting adjusterjack
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    He's full of baloney.

    I suggest you just tell him again, in writing, that you'll be gone by July 31 and you won't pay him a dime after that.
    .
    what?

    the guy signed a contract. It matters not that it begins on Aug 1 or today. He signed the contract.


    If the OP breaks the new lease the LL is required to mitigate damages and given the time frame, unless it is a horrible place to rent more than likely the LL will have little damages if any but none the less, the contract is enforceable.

    darksider:


    give notice of intent to vacate as of July 31 as soon as possible. In doing so the landlord is on notice NOW he must seek a replacement tenant. If he cannot, you are liable for the rent until he does. If he finds a tenant, you will not be liable for any additional rent after you vacate. Make certain the notice is in writing.

  4. #4
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    Default Re: Breaking a Lease Renewal Before the Term Begins

    Of course the contract is enforceable.

    I never said it wasn't.

    I was providing a strategy to the OP by which he would be "encouraging" the landlord to re-rent quickly knowing that the OP wasn't going to voluntarily go along with the 6 month rent business (which is what my "baloney" comment referred to).

  5. #5
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    Default Re: Breaking a Lease Renewal Before the Term Begins

    Fair enough

  6. #6
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    Default Re: Breaking a Lease Renewal Before the Term Begins

    The authority I'm seeing for Kansas holds that the landlord's duty to mitigate commences when the tenant surrenders the premises, not when the tenant announces a plan to do so at a future date.

  7. #7

    Default Re: Breaking a Lease Renewal Before the Term Begins

    My plan is to provide notice for July 31, provided I land the position, and then surrender the keys as soon as possible, while paying the lease through July 31. That way, I honor both the original lease, and start the clock ticking on his requirement to find a replacement tenant.

    Past that, I'm also going to actively try to find a replacement to offer him and hopefully mitigate his losses. I don't mind relieving his loss, but what I do mind is coughing up six months rent to release my obligations, when it shouldn't take nearly that long to find a tenant.

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