Legal Question in Landlord & Tenant Law in Nebraska

Double charging for one housing unit

I am breaking an apartment lease. The lease states I must pay it out. But if I start to do that and they lease it out again is that illegal since they would be collecting two payments for one unit.


Asked on 12/20/07, 6:47 pm

1 Answer from Attorneys

Duke Drouillard Drouillard Law, LLC

Re: Double charging for one housing unit

If it goes to court, you are liable for payment in full of the remaining lease; less any payments they receive for re-leasing the apartment; plus any commissions or expense paid to get apartment rented again. Landlord has a duty to try and rent the apartment again and reduce the amount you owe. Since nobody knows exactly how much you are liable for until the lease term expires and damages can be calculated; most property managers will negotiate a buy-out price you can pay to be released from further liability. A good place to start, is to offer one half of the remaining balance due. Be polite, be patient, and be nice while negotiating a buy-out price.

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Answered on 12/20/07, 10:11 pm


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