I am leaving my apartment one month early. I gave my landlord 90+ days notice of my intention to leave, and I found them a new tenant who has already signed a lease to begin the day after I move out. My question regards a clause in my lease that says that I can terminate the lease early as long as I pay one month's rent "for liquidated damages." Since there are no damages that I can think of, I guess this would be acting as an early move-out penalty. Do I owe them this money? My landlord has indicated his willingness to sue me if I don't pay this, and thinks I am contractually obligated to pay it, regardless of whether there is a new tenant taking over the apartment or not.
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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