Early Termination Fee – Fair Contracts (2024)

An early termination fee is a penalty charge that consumers must pay if they decide to end their contracts prior to the agreed upon date. This kind of fee is typical of cell phone contracts, gym memberships, leases or other long-term contracts. The purpose of the early termination fee is to encourage consumers to honor the contract for its full duration. These fees can vary in amount, from a flat fee to several months’ worth of payments.

Example:

Lee signed a two-year cell phone agreement that, after six months, he wanted to end. Rather than continue to make payments for the rest of the two years, the cell phone company required that he pay an early termination fee of $250.

Sample – Cell Phone Provider:

If we terminate your service for nonpayment or other default before the end of the Service Commitment, or if you terminate your service for any reason other than (a) in accordance with the cancellation policy; or (b) pursuant to a change of terms, conditions or rates as set forth below, you agree to pay us with respect to each device identifier or telephone number assigned to you, in addition to all other amounts owed, an Early Termination Fee in the amount specified below (“Early Termination Fee”). If your Service Commitment includes the purchase of certain specified Equipment on or after June 1, 2010, the Early Termination Fee will be $325 minus $10 for each full month of your Service Commitment that you complete. Otherwise, your Early Termination Fee will be $150 minus $4 for each full month of your Service Commitment that you complete. The Early Termination Fee is not a penalty, but rather a charge to compensate us for your failure to satisfy the Service Commitment on which your rate plan is based. AFTER YOUR SERVICE COMMITMENT, THIS AGREEMENT SHALL AUTOMATICALLY RENEW ON A MONTH-TO-MONTH BASIS UNTIL EITHER PARTY GIVES NOTICE PURSUANT TO THE TERMINATION PROVISION BELOW.

Early Termination Fee – Fair Contracts (2024)

FAQs

How to avoid paying an early termination fee? ›

It is probably best to get an attorney to look over your contract to help you to get out with reduced, or even waived, fees. Make sure you understand everything the contract says about early termination and make sure to read the fine print because that is where much of the detail is housed.

Can you dispute the early termination fee? ›

Depending on the type of company you're trying to fight, you might be able to make a complaint to the FCC, CFPB, or a local regulatory agency. Sometimes, even just mentioning a higher agency on the phone will be enough to get a company to waive your early termination fee and let you out of your contract.

Why am I being charged an early termination fee? ›

An early termination fee is a charge levied when a party wants to break the term of an agreement or long-term contract. They are stipulated in the contract or agreement itself, and provide an incentive for the party subject to them to abide by the agreement.

Can I be charged an early termination fee? ›

Both the Code (Paragraph 12f) and the TFA provide that the agent could charge an early termination fee if a tenant requested to leave before the end of their tenancy.

How to get out of a contract termination fee? ›

You might be legally entitled to cancel the contract without a fee if either:
  1. you signed up less than 14 days ago - this is called a 'cooling off period'
  2. the price of your contract is going up and your provider has given you 30 days to cancel without a fee.
  3. there's a problem with your internet speed.

Can you be forced to pay a cancellation fee? ›

Yes, a business can charge you to schedule or cancel an appointment. But the law limits these fees. Prevent these policies from catching you by surprise. Carefully read a business's appointment scheduling and cancellation policies.

What is the early termination rule? ›

Minimum notice for a tenant to request an early termination of lease (typically 30-60 days) Stipulation that the notice must be written and signed by all tenants involved in the termination. Cost / fee associated with terminating a lease early (typically 1-2 months or rent)

What is the average reverse termination fee? ›

Amount of the reverse termination fee

The size of the amount payable as a reverse termination fee depends on the size of the entire deal value that the two parties initially agreed upon. The fee typically ranges between 1% to 3% of the deal value, and the figure may vary from one deal to another.

Does paying early termination fee affect credit score? ›

If you're in good standing with your landlord and also comply with the terms agreed on early termination in your lease, such as paying penalty fees, your credit score shouldn't be affected.

What is a reasonable cancellation fee? ›

Cancellation fees

It's reasonable to set fees for cancellations within your permitted notice period, usually as a percentage of your regular service fee. For example, you might charge 50% of the fee if they cancel within 48 hours.

Is it fair to charge a cancellation fee? ›

For example, you can offer a full refund when up to 7 days' notice is given, and only 50% after that. Furthermore, the cancellation fee itself must be reasonable and not disproportionate. A failure to be transparent about cancellation fees could override the cancellation agreement due to it being unfair.

What are typical termination fees? ›

A breakup fee, or termination fee, is required to compensate the prospective purchaser for the time and resources used to facilitate the deal. Breakup fees are normally 1% to 3% of a deal's value.

How do I avoid paying early termination fee? ›

Think before you make any changes in your contract, such as buying a new phone or more minutes that your carrier might offer. This could trigger a new two-year contract with another ETF. Ask about the trial period during which you can cancel the service without an ETF penalty. This is typically 14 to 30 days.

Are early disconnection fees legal? ›

If you decide to leave and you are still in your minimum term, your provider may tell you a fee apply. This is often called an early cancellation or disconnection fee. Providers are only allowed to charge you the profit they could have made from you monthly price if you had stayed, not the full amount.

What is the early termination charges clause? ›

In the event a Customer terminates Services within a fixed contract plan period, the Customer shall be charged an early termination charge based on the monthly recurring charge for the remaining contract plan period.

Is there any way to avoid early repayment charge? ›

How to avoid early repayment charges on a mortgage. If you want to avoid paying an early repayment charge on your mortgage then you should: Avoid overpaying your mortgage by more than allowed under the terms of your mortgage deal - usually 10% of the outstanding balance each year.

Can you terminate a contract without paying? ›

If one party neglects to fulfill the obligations outlined in the document, the non-breaching party may elect to terminate the contract. This may occur because the breaching party was unable to fulfill their responsibilities, or they did not fulfill them to the standard outlined and expected by their contract.

How do I avoid early termination fee on 3? ›

Three. If you're on Three, you'll have to pay an early termination fee equivalent to 97% of your remaining monthly payments. However, if you have previously upgraded or renewed a contract on Three, your fee is discounted to 90% of your remaining monthly payments.

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