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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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The manager said we still have to pay an %85 reletting fee

Customer Question

The manager said we still have to pay an %85 reletting fee even if we give a 60 day notice along with a payment of $1000 to break the lease. She said the $1000 is what they want to charge us as a one time amount instead of paying the rest of our 8month lease. I asked her if a tenant is paying rent on the 4th month (which would be covered by our $1000, if we could have the money back). Also, I asked her to speak with someone above her & for their # ***** she is a manager but she did not respond with any information than she already advised me of. Is it legal for them to keep my $1000 if someone is paying the rent already on the 4th month? If so, this means they will be paid from the new tenant & keep my $1000 just because of a lease break....is it legal?
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 7 months ago.
Dear Customer,Your landlord appears to be overcharging you.If a tenant breaks a lease early, they are liable for: (1) payment of rent until the end of the lease term; or (2) payment of rent until the landlord finds a new tenant - whichever occurs first.The landlord must make "reasonable efforts" to find a new tenant (meaning they must advertise the unit and not turn down reasonably qualified applicants). The tenant is required to reimburse the landlord for costs of reletting the unit (although with internet advertising these costs are generally minimal).If another tenant is occupying the unit, the landlord cannot charge (or keep) rent from the prior tenant (the landlord cannot charge double rent for the unit, and must return money that was paid in advance).If the landlord and the tenant have agreed on an early termination fee, that fee can be charged in lieu of the rent charges noted above, but not in addition to. The landlord still cannot charge double rent (so if the early termination fee ends up being more than the rent would have been for the period of time the unit was unoccupied, the tenant is entitled to a refund).

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