OK, arflawyers, riddle me this... (I know, consult a lawyer). I'm just wanting to see some more opinions before I pay to consult one.

We got a notice of non-renewal on lease due to owner's intention to sell. Due to market, we have decided not to wait to break the lease lest we end up in a crunch on finding a place (fast paced market here and we have a place lined up so we aren't stuck in the summer rush). We have a few months left on the lease.

Here are the two pertinent sections of the lease as far as termination:

The way I read Section C, it assumes it WILL be re-rented/back on market. But it won't be. The $800 fee is categorized as admin/marketing in Section C. In Section D, just as administrative (nothing to market).

Section D seems more pertinent. While it's written in the order of break lease -> owner opts to sell, he has already opted to sell, which is what is spurring our intention to break the lease.

The rental agency is saying we would be subject to Section C, not Section D.

I don't see how our situation is contractually covered, since it's kind of a mix of situations with the most obvious section being D as I read it.

Thoughts?

---

UPDATE: The owner has agreed to simply release us from the lease. This is the best solution for everyone since he intends to sell. Keeps the place from just sitting for the next few months to make a few bucks (which if something went wrong, might become a negative value), with high potential to sell quickly and transfer all his current risk to the new owner.

Move but don’t default, keep some minor stuff there and show up once in awhile. Keep the occupancy and just pay the extra couple of months.

Negotiate.

I fucking hate property  managers. I'd try to negotiate. Its obvious you guys want me out, I'll leave this place beautiful just let me leave now or I might not be able to.get out on time for your sale.

If that doesnt work try to connect to the actual owner which is probably a lease violation of its own.

If you can get them to present your offer to the owner it will probably go better. These cunts just want their $100 fee off your few months of rebt and they are willong to fuck you and the owner to do it.

Check and see what the state laws are as pertaining tenant rights are. With leasing companies/property management companies they tend to use very broad language as they do business in multiple states. Half of the leases I have seen in Minnesota by national companies are illegal in this state.

(I used to own a lot of rentals)

Contact owner, negotiate directly with owner to see what latitude their agreement with the management company allows for.

I hate management companies, sticky fingered, lying thieves, all of them...

I wouldn't mind doing so, but I'd need to make sure that the lease contract doesn't prohibit it. I'd also need to get his info. Everything I can find through my usual OSINT sources has him living here. Dude's a former Intel guy and very good about not having a blatant Social Media (Facebook, LinkedIn, etc.) footprint.

It would be in his best interest to get this on the market and not ride out 3 more months of rent; it's a unique property (couple of acres, real house, but house needs some TLC - siding is wood and OLD, former owner DIY'ed a lot in a janky, wear jeans to Olive Garden and think that's fancy sort of way). In Colorado, it's still a hot market even in January. An interest rate hike might cool things in the price range of this place.

All in all, it is what it is. Depending on how/if negotiations break down via rental company, we will contact a real estate lawyer to look over the contract and email exchanges.

If he says we are stuck riding out lease payments, we are stuck and won't be dicks about it. But I'm not gonna just take the rental company's word for it.

In my state property records are public record. 100% his mailing address is somehow connected to the property so they can mail his property taxes to him. I would start there.

Tax address is here. His mail reroutes (we see it in preview) and is being held at post office or something.

Mail him a letter outlining your proposal then?

I finally tracked some more info down. He's OCONUS.

I'll need to just get with a real estate lawyer or see if the rental company will let us negotiate with him.

It makes no sense for this thing to sit empty and collecting rent when it could be sold by the time the lease would end and he'd be washing his hands of all risk during remaining lease period.

Get ahold of him and tell him you’ll leave without a fight if you can go early. If he’s smart he will take it.

What state are you in?  

NCGS-42 is the tenant landlord laws in NC.

Each state is different.

And mention you would really hate to be stuck beyond the date of the lease end force hem into an eviction process.

what result are you hoping for?

That they will action on the provisions in Section D since clearly Section C becomes punitive rather than equitable when the owner has no intention to re-rent once we are out.

It doesn’t behoove the owner to maintain all risk on this place to ride out the lease and then put on the market. Between the septic backing up 2x due to roots in line (once resulted in heavy repair costs in basement), the wood siding needing immediate replacement due to wind, etc., he’d be best off selling quick while the market and interest rates are favorable.

The best solution for everyone would be a quick break and a quick sale.

Otherwise we will be out and he’s got a timebomb on his hands. Seems dumb.