If you have been in my situation, you understand the nuances of renting – from looking for a neighborhood and place that fits your needs to agreeing to the lease terms, which are usually drafted and dictated by the landlord.
I have signed a few one-sided leases over the years I’ve been renting, with good faith that the rigid and airtight contract terms are necessary to protect the landlord’s business from delinquent or dangerous tenants. When it comes to negotiation and arguments between you and your landlord, the Pennsylvania Landlord and Tenant Act together with the lease that you have signed have the final word.
I have been renting a beautiful apartment from Trisda Group LLC who own and manage over 60 properties. The lease agreement provides a set of airtight terms that help maintain and manage tenant affairs effectively, while offering protection from unruly, delinquent, or litigious lessees.
From a renter’s perspective such lease provides little room for negotiation. In any argument, landlords have the lawful rights to demand that you adhere to the terms outlined in the lease agreement, and you have the legal responsibility to comply. Behind every lease, however, is a human – and it’s up to him or her to decide whether to hide behind the contract, or to express tolerance and understanding that the lease agreement rarely provides. I signed the lease in good faith that the people behind the document will show reasonable leniency, if a situation requiring a renegotiation of the terms arises.
I had very few problems with the apartment, and I enjoyed renting from Danielle and Trent, so I have decided to renew the annual lease for June 2014 - June 2015 in March. However, I have since landed a job that required me to relocate, which necessitated me to break the 2014/2015 agreement. I did not think this would be a problem, since I have had only one month remaining in my current leasing term, and the term for the renewed lease had not yet started.
I have communicated to Danielle Seaman, the principal behind the Trisda LLC, that unfortunately I’ll be needing to break the lease:
Aleksey Smolenchuk lxe@lxe.co Tue, May 13, 2014 at 4:03 PM
To: “Trisda Group, LLC Leasing” leasing@trisda.comHello Danielle,
I have accepted a job that will require a relocation, and unfortunately I will need to break the currently executed lease agreement. I will be vacating on June 16th 2014. I understand that this might require a payment of additional fees. Let me know what steps should be taken prior to the move out.
If necessary, I can help with someone to take over the lease, or sublease (with your consent, of course).
Thanks,
Aleksey
I woke up the following morning to this reply (emphasis added by me):
Trisda Group, LLC Leasing leasing@trisda.com Wed, May 14, 2014 at 7:15 AM
To: Aleksey Smolenchuk lxe@lxe.co
Cc: Group Trisda info@trisda.comHello Aleksey,
Since you have already decided you are moving out on June 16, 2014 there is $12,122.42 left remaining on your balance of the 2013 lease and the 2014-2015 lease agreement at 55[4] Southern Avenue.
**If you would have mentioned this when renewals were offered in March, I would have urged you NOT to sign a 1 year lease agreement on the property. Therefore this amount is due and payable and the Landlord is under no obligation to re-lease the property, nor does the Landlord permit sub-lets of the unit. Should the Tenant default, the Landlord will sue the Tenant in court for the remaining balance of the lease. Once awarded, the Landlord will file an execution whereby the Allegheny County Sheriff will seize assets of the Tenant and liquidate them for damages. The remaining amount due will be passed along to a collection agency where all three credit reporting bureaus will be notified of the default. As you may already know, defaults shown on credit reports will have a negative impact on credit scores making leasing apartments, obtaining credit cards, or purchasing anything with credit more expensive, if possible at all.
All of this information regarding default can be found in your lease agreement. Please see the below clauses:
[ Citing lease agreement ]The only thing I can do is offer you a buyout of the remaining sum as a lease termination fee. I can offer you a 3 month buyout (Since this is the amount of time the Landlord gave you ahead of your lease end date to make a decision on staying for an additional year.) The lease termination would be drafted for June 16th, 2014 as you have requested and a 1 time payment of $2,985.00 should be made payable to the Landlord to terminate the remaining $9,137.42 then owed. Please note that prorated rent in amount of $530.67 will be due in addition for the period of June 1 – 16, 2014. This prorated rent is payable by June 3, 2014
We will honor this termination until May 15, 2014 at 4:00 pm. If we are not notified by this time the Tenant will remain responsible for the entire lease. Once the Landlord is notified the Tenant will receive the termination document no later than 4:00 pm May 16, 2014. The executed document must be returned with the termination fee by Monday, May 19, 2014 at 4:00pm. Failure to comply with any of the aforementioned dates will render the termination option null and void.
Thank you,
Danielle Seaman
The Trisda Group,LLC
Leasing Representative
730 Brookline Blvd Ste 2
Pittsburgh, PA 15226
leasing@trisda.com
www.trisda.com
The email had some rather frightening “or else” statements mentioning collections, repossession, and destroyed credit history, if I do not agree to pay the full remainder of the lease.
Danielle was in full legal right to demand the remainder of the lease to be paid, but she certainly had a choice whether to uphold this right. Instead she offered a “way out”: 1 day to agree that I pay almost $3000, otherwise I would owe the remainder of the lease, which is over $12,000.
I replied with an attempt to negotiate a different set of terms, as it would be quite difficult for me to come up with almost $3,000 in one day. I offered help with finding a new tenant, as well as forfeiting my security deposit:
Aleksey Smolenchuk lxe@lxe.co Wed, May 14, 2014 at 8:00 AM
To: “Trisda Group, LLC Leasing” leasing@trisda.comHi Danielle,
I was not aware of the fact that I’ll be relocating when I signed the new agreement. I understand the consequences and obligations of payment as outlined in the lease document, however I also have good faith that you are reasonable people and I hope we can work something out without resorting to threats of lawsuits, collections, and broken credit standings.
Is the termination payment negotiable? If I can put forth and effort to help you find a suitable replacement to take over without any cost or consequences to you, would you be willing to lower the fee to $995 and a forfeited security deposit?
I urge you to consider my proposal.
Thanks,
Aleksey
Danielle declined my proposal (emphasis added by me):
Trisda Group, LLC Leasing leasing@trisda.com Wed, May 14, 2014 at 9:35 AM
To: Aleksey Smolenchuk lxe@lxe.co
Cc: Group Trisda info@trisda.comHello Aleksey,
The information I provided to you is certainly not a threat, it is a fact. Also, the termination payment is not negotiable. We certainly do not have to offer a lease termination at all. Also, security deposits are NOT a prepayment of rent. This information is also found in your lease agreement under “Security Deposit”. Any re-leasing of the unit will occur by myself of our Staff, only after a termination agreement and payment of the termination fee is received from you, since the unit is already leased through June 2015 to you.
Hopefully the following explanation will help you understand the Landlord’s perspective of lease termination situations. We do not want our Tenants to break leases. A 3 month, $2,985.00 fee, is much cheaper than having to pay a remaining 12.5 months, $12,122.42 lease contract.
Lease Termination Fees are a deterrent to keeping our Tenants from all breaking their leases at the same time, thus throwing the company into a tailspin of vacancy.
For example, if we as property owners had permitted our Tenants just this year alone to walk on their leases due to purchasing homes, changing jobs, or breakups with significant others, we would have had vacancy at 8 differently locations in 5 months, thus equating to over ($10,000 a month in loss revenue). I ask you to consider how a business can possible operate, pay it’s taxes, mortgages, and keep full time employees from layoffs by allowing this to occur? Lease Terminations are a hedge to keeping our rents affordable for all of the Tenants, and our Employees with jobs because we do not have vacancy at unplanned times of the year.
Thank you,
Danielle Seaman
The Trisda Group,LLC
Leasing Representative
730 Brookline Blvd Ste 2
Pittsburgh, PA 15226
leasing@trisda.com
www.trisda.com
Looks like there is very little wiggle room for me here. In desperation, I replied (emphasis added by me):
Aleksey Smolenchuk lxe@lxe.co Wed, May 14, 2014 at 9:56 AM
To: “Trisda Group, LLC Leasing” leasing@trisda.com
Cc: Group Trisda info@trisda.comDanielle,
I understand the business position, and I understand that me breaking the lease will result in a revenue loss. This is why I’m offering to help with looking for a replacement for someone to take over the lease, so you can minimize vacancy time, reduce advertisement and re-renting hassles, and therefore incur minimum to no costs.
However, if that is not suitable, I will pay the $2985 fee. I’d like to kindly ask you to at least allow me to make payments in monthly installments. This will be as though I’m paying rent at the current rate for 3 more months. I’m sure you’ll be able to rent out the property by then, and I will definitely refer potential residents to you in order to alleviate the challenges of re-renting.
Let me know if this works out!
Thank you for being understanding, and apologies for the trouble,
Aleksey
I’ve received a rather blunt and straight-to-the-point “no”:
Trisda Group, LLC Leasing leasing@trisda.com Wed, May 14, 2014 at 3:50 PM
To: Aleksey Smolenchuk lxe@lxe.co
Cc: Group Trisda info@trisda.comHello Aleksey,
We will honor the original termination offer until May 15, 2014 at 4:00 pm. If we are not notified by this time the Tenant will remain responsible for the entire lease.
Danielle Seaman
The Trisda Group,LLC
Leasing Representative
730 Brookline Blvd Ste 2
Pittsburgh, PA 15226
leasing@trisda.com
www.trisda.com
I have never been in this position before. I knew that the lease agreement, a soul-less legal document, would bind me to its terms, but I never expected that the people who had the power to make reasonable concessions would also hold me “hostage”, leaving me no choice, but to agree:
Aleksey Smolenchuk lxe@lxe.co Wed, May 14, 2014 at 4:07 PM
To: “Trisda Group, LLC Leasing” leasing@trisda.com
Cc: Group Trisda info@trisda.comDanielle,
I agree to the original terms. I will pay the $2985 with a check at the leasing office tomorrow. Let me know when is the best time to come by. Please forward me a termination agreement so I can look it over.
Thanks,
Aleksey
A quick reply (emphasis added by me):
Trisda Group, LLC Leasing leasing@trisda.com Wed, May 14, 2014 at 5:20 PM
To: Aleksey Smolenchuk lxe@lxe.co
Cc: Group Trisda info@trisda.comAleksey,
As per your request, attached is the termination document. Please feel free to drop a copy with the check in the drop slot at our office or you may scan it and pay via Paypal on the landlord’s website if that is easier.
Thank you,
Danielle SeamanThe Trisda Group,LLC
Leasing Representative
730 Brookline Blvd Ste 2
Pittsburgh, PA 15226
leasing@trisda.com
www.trisda.com
I was thrilled that I had at least a choice to pay via PayPal, which would allow me to pay with a credit card or a bill-me-later account:
Aleksey Smolenchuk lxe@lxe.co Wed, May 14, 2014 at 5:29 PM
To: “Trisda Group, LLC Leasing” leasing@trisda.comHi Danielle,
Thank you for the quick response! This move is a huge change for me – apologies for the earlier frustration, and thank you very much for accommodating me. I will sign and scan the document, and I will send you the payment via PayPal (which makes this tremendously easier for me). I will send the prorated June rent closer to the end of the month. I will follow the move-out checklist when turning over the apartment.
Thanks,
Aleksey
I was unable to sleep that night due to the overwhelming feeling of helplessness. I wrote one final email, begging to adjust the termination terms (emphasis added):
Aleksey Smolenchuk lxe@lxe.co Thu, May 15, 2014 at 8:35 AM
To: “Trisda Group, LLC Leasing” leasing@trisda.comDanielle,
I urge and beg you to reconsider to negotiate the termination terms. I know you are within the bounds of the law in Pennsylvania to demand for the whole lease to be paid in full without reasonable attempts to mitigate losses resulting from vacancy, or dictate any termination terms you desire. However, as a reasonable human, you know that the apartment will be rented out within a month at the latest.
It seems as though the terms are designed to punish me, and not merely to mitigate a loss — the immediate payment of $3,000 plus the pro-rated rent for June is going to put me in a very difficult financial position. In my previous experiences, the landlord has asked for 1 month’s rent payment ahead when I had to prematurely move out. I think it would be a lot more reasonable — you won’t incur a loss, (I have little doubt the appartment will be rented out very soon), and I won’t have to suffer financially either.
Please reconsider an adjustment to the terms and let me know if I can do anything else to help you rent the place out. I beg you to be reasonable. You can call me at ***.
Thanks,
Aleksey
After no reply, and my 4:00 PM deadline approaching, it was either almost $3,000 now, or over $12,000 later, otherwise I would have to suffer arbitration, county sheriff, repossession and broken credit history. I bounced around some credit card balances and paid the money:
Aleksey Smolenchuk lxe@lxe.co Thu, May 15, 2014 at 1:57 PM
To: “Trisda Group, LLC Leasing” leasing@trisda.comHi Danielle,
Attached is the signed termination agreement as well as the PayPal payment receipt of $3,020.00 for the termination payment. Please let me know what further steps I should take.
Thanks,
Aleksey
After paying the $3020 (including the PayPal fee) I now owe Trisda a little over $500 for the pro-rated June rent.
I adhere to a philosophy of trust. I trust that the people with whom I interact or conduct business are good, understanding, and reasonable. I was under the naive assumption that the human comes before the business, and compassion before contract.
Danielle has acted according to the law, and according to the binding document to which I have agreed. However, it’s up to you to be the judge of how she acted as a person.
Thanks you for reading,
Aleksey Smolenchuk (@lxe)
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