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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 16407
Experience:  7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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We recently bought a home and moved out of the apartment we

Resolved Question:

We recently bought a home and moved out of the apartment we had been renting. We gave notice and surrendered the apartment to the management complete with an inspection of the apartment at time of vacating. We did, however, leave 4 months prior to the end of our lease. The management rented the apartment within a few weeks as it was move-in ready. We had heard nothing from the management/company up until 2 days ago when we received a notice from a collection agency stating we owe what is equivalent to 2 months rent plus a "fee". What is our financial obligation and recourse?
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. If you vacated the rental prior to the lease term expiring, you could be in breach and be subject to the landlord for damages. However, the landlord does have a legal obligation to mitigate damages and to try and find a new tenant, which they did. If so, you would only be liable to them for the time the property was vacant and any other damages/cost suffered, as a result of leaving early. However, you need to go back and re-read the lease agreement and see if there is any term or condition stated within, that allows them to impose a fee and/or penalty, for breaking the lease early and vacating. It is not uncommon for this to be included and you could have agreed to it, when signing the lease. If it is silent, you certainly have a basis to dispute the fee, since the apartment was only vacant for a few weeks and the cost to find a renter, was not likely the amount which they are looking to recover. You can certainly respond and advise them that there was never an agreement to pay the 2 months rent or a fee per the lease agreement ( if this is true) or if you want to, try and settle for a lesser amount, based upon the fact that no damages were really suffered.

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LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 16407
Experience: 7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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