Do I Owe Early Termination Fees if I'm Evicted?

Full question:

Hi, I got the seven day notice from the landlord asking us to vacate because of noncompliance with agreement (making a lot of noise). If we move out in 7 days do we have to pay the cancellation fee of early termination? In the lease, it says 'In the event Lessee desires to terminate the lease before the expiration of the lease term, Lessee will pay to Lessor a cancellation fee of 2 months rent....' Since it is not what we 'desire' to terminate the lease, this does not apply. Is that right? The notice said: As a result, the rental agreement shall terminate seven days from the date of delivery set out below. You must vacate the premises no later than. This won't go to the court if we move out in seven days, right? Will it be considered as an EVICTION on my record. Am I liable for the rent for the remainder of the lease? Thanks

Category: Landlord Tenant
Subcategory: Lease Violation
Date: 04/07/2025
State: New Mexico

Answer:

Generally, an early termination fee only applies to termination by the tenant. The landlord typically may sue for the rent on the remainder of the lease, according to the lease terms. If the landlord is able to sue for the rent owed under the remainder of the lease, the tenant may have the reciprocal right to either sublet the premises and direct the rent to the landlord, or receive an immediate release from any obligation to pay rent on premises they no longer occupy. Alternatively, the landlord probably has a good faith duty to attempt to rent the place to someone else quickly, and thus mitigate their damages or else lose the right to collect from the former tenant. We are unable to determine what record you are referring to, but you will not have a court judgment on your credit record if no claim was filed in court.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What to do if your landlord won't answer you?

If your landlord isn't responding, try reaching out through multiple channels, such as email, phone, or certified mail. Keep a record of all attempts to communicate. If they continue to ignore you, review your lease for any specific communication requirements. You may also consider contacting a local tenant's rights organization for guidance. If necessary, you can seek legal advice to understand your rights and options.

Can a landlord cancel a notice to vacate?

Yes, a landlord can cancel a notice to vacate, but it typically requires clear communication. If both parties agree to continue the lease, they should document this agreement in writing. However, if the notice was issued due to tenant noncompliance, the landlord may choose not to cancel it. Always check your lease agreement for specific terms regarding notice and cancellation.

How long can a landlord ignore you?

There is no specific time limit for how long a landlord can ignore tenant communications. However, landlords are generally expected to respond to reasonable requests in a timely manner. If they consistently ignore you, it may be considered a violation of your lease or tenant rights. Document all communications and consider seeking legal advice if the situation does not improve.

What do I do if my landlord ignores me?

If your landlord is ignoring you, first try to communicate through different methods, such as email or certified mail. Document all interactions. If they still do not respond, review your lease for any obligations they have to communicate. You may also want to contact a local tenant's rights organization or seek legal advice to understand your options and rights.

Do you have to pay a reletting fee and early termination fee?

Whether you must pay a reletting fee and an early termination fee depends on the terms of your lease. If you terminate the lease early without a valid reason, you may be responsible for both fees. However, if the landlord terminates the lease due to your noncompliance, you may not owe the early termination fee. Always review your lease and consult legal advice if unsure.

What does a 7 day eviction notice mean?

A 7-day eviction notice typically means that the landlord is notifying the tenant to vacate the property within seven days due to a violation of the lease, such as nonpayment of rent or other breaches. If the tenant does not leave within this timeframe, the landlord may proceed with legal eviction actions. It’s important to understand the reasons for the notice and your rights as a tenant.