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If I cancel my lease, the penalty is one month's rent. It doesn't seem unusual to charge a cancellation fee. But for a company like Adobe, they don't have to fi

If I cancel my lease, the penalty is one month's rent. It doesn't seem unusual to charge a cancellation fee. But for a company like Adobe, they don't have to find a new tenant to take your spot, as a landlord would. So the claim of the cancellation seems less legitimate.

paxys 6y ago
That sounds generous. If I cancel my lease I have to pay 100% of the remaining balance.
- stochtastic 6y ago
  FWIW, landlords often include unenforceable terms with respect to lease break fees [1]. This is a common pattern [2]. In my only experience with breaking a lease, my lawyer advised me to inform my landlord that I was aware of California state law, and then wait for them to negotiate. They initially counter-offered that I pay 2.5 months to break the lease, and ultimately agreed to 1 month. Probably harder to do during COVID, though, with such high vacancy rates. [1]: https://caretaker.com/learn/breaking-a-lease-early/mitigating-damages-in-california https://caretaker.com/learn/breaking-a-lease-early/mitigatin... [2]: https://academic.oup.com/jla/article/9/1/1/3852726 https://academic.oup.com/jla/article/9/1/1/3852726
  - greggman3 6y ago
    Maybe it depends on where. AFAIK you're obliged to pay the entire lease with a few exceptions that might help you get out earlier. One being a nice landlord (so not a law) https://www.nolo.com/legal-encyclopedia/free-books/renters-rights-book/chapter9-5.html https://www.nolo.com/legal-encyclopedia/free-books/renters-r... AFAIK what you linked to only says a landlord is required to try to find a new renter. In SF that's probably easy to find but any many places it could easily be several months all of which you'd be required to keep paying.
    - stochtastic 6y ago
      Agreed, my experience is CA-specific (though it also appears to be true in some other metros like Boston). The thing I was surprised about is that it's pretty normal for specifics in leases to not be legally enforceable, if not outright illegal. Normally I'd have had a cordial discussion with my landlord, but in this case the landlord was a giant corporate REIT whose boilerplate lease was largely unenforceable (no doubt they know this, and have figured out that people assume leases are legally binding regardless of the terms).
- paulcole 6y ago
  This might be less true than you think but it all depends on local laws. In Oregon, USA, for example, early termination fees can’t be more than 1.5 months rent. In most US jurisdictions landlords are required to mitigate their losses by finding a new tenant. Few courts will let a landlord twiddle their thumbs and collect much more than a few months rent if a tenant leaves early.
- dheera 6y ago
  Well you have a shitty lease.
- hannofcart 6y ago
  If you have to pay 100% of the remaining balance in order to cancel, then that simply means that there isn't really an option to cancel at all. As an aside, you (paxys) are all over this post's comments defending Adobe vigorously. Do you possibly work for them?
PurpleFoxy 6y ago
Usually these companies offer two plans, a monthly and a yearly deal. The yearly deal is cheaper because in the long run they profit more. When you cancel early you essentially pay all of the discount you got per month back.
- cbmuser 6y ago
  And that practice is perfectly common. Even public transport companies have the same in their TOS.
dmingod666 6y ago
Try going to a shop, negotiate the price for a dozen of something. Get a discount on the price because you're buying 12 of them and then try to buy only 1 quantity of that product for the discounted price.

paxys 6y ago

That sounds generous. If I cancel my lease I have to pay 100% of the remaining balance.

stochtastic 6y ago
FWIW, landlords often include unenforceable terms with respect to lease break fees [1]. This is a common pattern [2]. In my only experience with breaking a lease, my lawyer advised me to inform my landlord that I was aware of California state law, and then wait for them to negotiate. They initially counter-offered that I pay 2.5 months to break the lease, and ultimately agreed to 1 month. Probably harder to do during COVID, though, with such high vacancy rates. [1]: https://caretaker.com/learn/breaking-a-lease-early/mitigating-damages-in-california https://caretaker.com/learn/breaking-a-lease-early/mitigatin... [2]: https://academic.oup.com/jla/article/9/1/1/3852726 https://academic.oup.com/jla/article/9/1/1/3852726
- greggman3 6y ago
  Maybe it depends on where. AFAIK you're obliged to pay the entire lease with a few exceptions that might help you get out earlier. One being a nice landlord (so not a law) https://www.nolo.com/legal-encyclopedia/free-books/renters-rights-book/chapter9-5.html https://www.nolo.com/legal-encyclopedia/free-books/renters-r... AFAIK what you linked to only says a landlord is required to try to find a new renter. In SF that's probably easy to find but any many places it could easily be several months all of which you'd be required to keep paying.
  - stochtastic 6y ago
    Agreed, my experience is CA-specific (though it also appears to be true in some other metros like Boston). The thing I was surprised about is that it's pretty normal for specifics in leases to not be legally enforceable, if not outright illegal. Normally I'd have had a cordial discussion with my landlord, but in this case the landlord was a giant corporate REIT whose boilerplate lease was largely unenforceable (no doubt they know this, and have figured out that people assume leases are legally binding regardless of the terms).
paulcole 6y ago
This might be less true than you think but it all depends on local laws. In Oregon, USA, for example, early termination fees can’t be more than 1.5 months rent. In most US jurisdictions landlords are required to mitigate their losses by finding a new tenant. Few courts will let a landlord twiddle their thumbs and collect much more than a few months rent if a tenant leaves early.
dheera 6y ago
Well you have a shitty lease.
hannofcart 6y ago
If you have to pay 100% of the remaining balance in order to cancel, then that simply means that there isn't really an option to cancel at all. As an aside, you (paxys) are all over this post's comments defending Adobe vigorously. Do you possibly work for them?

PurpleFoxy 6y ago

Usually these companies offer two plans, a monthly and a yearly deal. The yearly deal is cheaper because in the long run they profit more. When you cancel early you essentially pay all of the discount you got per month back.

cbmuser 6y ago
And that practice is perfectly common. Even public transport companies have the same in their TOS.

dmingod666 6y ago

Try going to a shop, negotiate the price for a dozen of something. Get a discount on the price because you're buying 12 of them and then try to buy only 1 quantity of that product for the discounted price.