Legal Question in Credit and Debt Law in Texas

Breaking a Lease Penalities Allowed

My boyfriend lost his job and had to break a lease with an apartment complex. Is it legal for a complex to send a bill for the remainder of the months rent 8 days after the lease is broken, plus an reletting fee and all the combined discounted rent amounts? The amount was almost $5000 and it does not seem like it would be legal to demand not only the rent and and reletting fee plus asking for money for months that the complex had given a discount per month during the lease only 8 days after the lease had been terminated. Since it is likely that the unit would be leased before the original lease ended, allowing the apartment to be getting double the money for one unit. Please help.


Asked on 4/12/03, 9:22 pm

2 Answers from Attorneys

Re: Breaking a Lease Penalities Allowed

It all depends on what it says in the lease agreement. Most likely, their will be provisions regarding: (1) liability for the remainder of a month; (2) damages if the lease is broken (reletting fee) and (3) liability regarding the months until the apartment is leased out. They may have an obligation to try to rent it. It is possible the apartment will rent out sooner than later but nothing is certain. If you are not sure what the contract provisions mean, call an attorney and ask for some assistance. Also, try to discuss this matter with the apartment managment, these things can often be resolved. Explain the situation and that the 5000 seems high since it is pobbible the apartment could rent out. If you are still having problems...speak with an attorney.

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Answered on 4/12/03, 10:27 pm
Peter Bradie Bradie, Bradie & Bradie

Re: Breaking a Lease Penalities Allowed

All that you've mentioned is usual for the terms of an apartment lease in Texas. However, your boyfriend should try and speak with the apartment management to see if something can be resolved to reduce the amount.

Losing his job is a reason, it's not an excuse.

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Answered on 4/13/03, 5:42 pm


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