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Updated over 4 years ago, 05/07/2020

User Stats

431
Posts
420
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Karen F.
  • Investor
  • San Diego, CA
420
Votes |
431
Posts

Lease termination fee when moving units with same LL?

Karen F.
  • Investor
  • San Diego, CA
Posted

My son is moving from a one bedroom to a two bedroom (at a higher rent) within a building owned by one LL.  He told the LL probably over 6 months ago that when a two bedroom became available, he would like one.  One has now become available, and my son is going to move into it.  But the LL is demanding a lease termination fee because he is ending his lease on the one bedroom early (I think he's been there over a year), even though he's doing it to move into another of the LL's units, and even though he has found a well-qualified person to take the old unit.  In addition, I had to send my teen (good kid) out to live with him, because of the pandemic.  The LL wants to charge my son an extra $35 a month "guest fee" for the kid, even though my son is now his guardian (we sent him notarized papers), even though son is paying for a two bedroom.  The lease term fee is a little over half a month's rent.

This is a good building in a good location, and the rent is probably about 15% below market.  I think that the place is owned by an older man who just wants excellent tenants, and realizes that he's made a TON of money on increase in property value, just wants to leave the place to his kids at the stepped up value.  My son is a perfect tenant - earns plenty, pays on time every month, never makes any trouble, never asks for any repairs.

Yeah, because the place is below market rate, he's gonna stay, and we'll pay the lease break fee and the extra money "guest fee", but I'm just irked.  We would never THINK of asking for a lease term fee when a tenant moves units while staying with us.  And we would never expect a guest fee when the unit is so under-occupied - we would normally allow two occupants/bedroom.  I have a feeling that the new property manager is pulling a fast one - that if my son were to speak with the owner, none of this would be charged.  But I don't want to jeopardize the rental situation, since it is under market, and since finding a new place in the pandemic would be difficult.  Advice?  

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