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Sixty days is a lot, but if you are a senior level individual contributor or higher, have a lot of projects, and a large move, I don't think it's unreasonable.
I would give a new hire a 60 day start if and only if this was a highly specialized position for which I had no other candidates. Very few people are unique. I'm not putting my business on hold.
Thanks. If anything does materialize with these potential jobs, I would likely have to relocate by myself for a bit and leave my wife back here to fulfill the 60 day move out notice.
Should either be offered, the biggest hurdle will be my apartment lease. It would cost me about $5,000 to break it (four months rent basically). But my lease also requires a 60-day move-out notice. Should I break my lease and not give 60 days, I would owe the remainder of the rent for my lease. And since my lease just began a couple of weeks ago, that's a whole lot of money and a total non-starter. I had asked my complex about month-to-month leases but unfortunately, they don't offer those.
There's another clause in my lease about abandoning the unit. Basically, I couldn't move out early and bring/send the keys back later on. Subletting is also not allowed (I don't know any candidates for that anyway).
You have a 60-day notice on top of the lease-break fee? Mostly I've seen either/or. Also, does complex have a duty to mitigate in your state?
Idk, it seems like the complex is trying to do a lot of double dipping here. Just because something is in a signed lease doesn't always mean it's legal to put it there in the first place.
You have a 60-day notice on top of the lease-break fee? Mostly I've seen either/or. Also, does complex have a duty to mitigate in your state?
Idk, it seems like the complex is trying to do a lot of double dipping here. Just because something is in a signed lease doesn't always mean it's legal to put it there in the first place.
The cost to break the lease is basically four months rent, if you give a 60 day notice. However, if you break a lease without 60 days notice, you owe the remainder of rent in your lease. In my case, that's about 10 months worth of rent since September is already paid.
I would have strongly preferred a month-to-month lease, had they been willing to do one. The one out-of-state job, I applied for a month before any new lease needed to be signed and had hoped to know either way about it by the time I signed a couple of weeks ago. (I'll find out this week). The other job I put in for last week.
In most states the landlord has a duty to mitigate his damages. That means that the landlord can't just sit back and collect your rent for a year without making reasonable efforts to rerent the premises. If it were me I would argue that that applies not just to the full-year penalty but also to the $5,000 early termination penalty. Still, I'm probably not licensed to practice law in your state, so I would encourage you to talk to a lawyer in your state who does landlord-tenant law.
When I was moving from Michigan to Vermont I was able to give about two months' notice; I had an active trial practice, with trials scheduled, and the program I was moving to knew this. If I couldn't have gotten them to agree I would have been looking for a month, anyway.
I think I would be suspicious of hiring someone for a professional job who thought two weeks was sufficient notice.
In most states the landlord has a duty to mitigate his damages. That means that the landlord can't just sit back and collect your rent for a year without making reasonable efforts to rerent the premises. If it were me I would argue that that applies not just to the full-year penalty but also to the $5,000 early termination penalty. Still, I'm probably not licensed to practice law in your state, so I would encourage you to talk to a lawyer in your state who does landlord-tenant law.
When I was moving from Michigan to Vermont I was able to give about two months' notice; I had an active trial practice, with trials scheduled, and the program I was moving to knew this. If I couldn't have gotten them to agree I would have been looking for a month, anyway.
I think I would be suspicious of hiring someone for a professional job who thought two weeks was sufficient notice.
This wasn't about how much notice to give when departing from a job...it was about wanting 60 days before showing up at a new one!
There's another option here that wasn't even mentioned. Along with a couple of trips to the new employer's location in person to meet/greet and get oriented to his new duties, the OP might propose working remotely until he can relocate. He could take advantage of those trips to find a new place to live.
Wait for an offer. If one comes, then discuss the parameters. 60 days is a long time but I would be surprised if it were a deal breaker. And if an offer comes, don't say "yes, but I need 60 days". Just accept it first and express your joy and excitment. Then approach the other stuff.
I got out of a lease in the past by finding someone to rent the place for the remainder of my lease. You may also be able to negotiate a settlement depending on if you were a good tenant and other circumstances.
The cost to break the lease is basically four months rent, if you give a 60 day notice. However, if you break a lease without 60 days notice, you owe the remainder of rent in your lease. In my case, that's about 10 months worth of rent since September is already paid.
I would have strongly preferred a month-to-month lease, had they been willing to do one. The one out-of-state job, I applied for a month before any new lease needed to be signed and had hoped to know either way about it by the time I signed a couple of weeks ago. (I'll find out this week). The other job I put in for last week.
I understand what's in your lease; I'm saying it seems like double dipping, and I'm not sure it's entirely legal. Just because something gets put in a lease and you sign it doesn't mean that it was legal to be put in there to begin with. That will all be local, though. What state are you in?
"Under the new law, you can give the tenant a CHOICE to either owe a flat fee "Liquidated Damage/Early Termination Fee" OR owe rent until the unit is re-rented. The TENANT makes the choice, NOT you. If you do not want to give the tenant this choice, you will not use the Addendum, and you can ONLY charge the tenant your rent loss, as has been the law.
Suppose you want to hold the tenant to all the rent due under the lease?
If this is what you want to do, then simply do it. The law still allows you to do this. You will not give tenants a choice in the matter, and if a particular tenant vacates early, you will charge rent as it becomes due under the terms of the lease until the unit is re-rented. In a soft market, when it may take a while to re-rent a unit, this is your best bet, and you really do not need to read any further, AND you will NOT use the Addendum.
Suppose you want to charge the tenant a "Liquidated Damage/Early Termination Fee" when they vacate early?
You CAN if and only if 2 things occur:
A. You present the attached Addendum to the Tenant AT THE TIME OF LEASE SIGNING
AND
B. The tenant picks Choice #1"
Having to give notice for an "early termination fee" flies in the face of the reason to even have one.
This wasn't about how much notice to give when departing from a job...it was about wanting 60 days before showing up at a new one!
There's another option here that wasn't even mentioned. Along with a couple of trips to the new employer's location in person to meet/greet and get oriented to his new duties, the OP might propose working remotely until he can relocate. He could take advantage of those trips to find a new place to live.
It's about the interval between agreeing to start a new job and actually starting it. I would have thought it was obvious that staying in the old job for two months necessitates delaying starting the new job for two months, but if not I stand corrected.
I agree that in these times a proposal for remote work during a transitional period might not be a big problem.
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This wasn't about how much notice to give when departing from a job...it was about wanting 60 days before showing up at a new one!
