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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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My wife and I rented an apartment in Newark Delaware with a

Customer Question

My wife and I rented an apartment in Newark Delaware with a 6 month lease - June to December 2015. The rent on the one bedroom apartment is $1105 per month. The lease allows for eaely termination with 60 days prior notice. The lease also states the landlord is allowed to charge the lesser of a) the remainder of the lease total or b) expenses incurred to rent the apartment. The lease does not specify any amount for option b. We received a letter from the landlord that there would be a termination fee of $1105 which I thought was excessive for a company as large as Cavalier Group that already advertises on the web and has signs at the property entrance for rentals of one, two, and three bedroom apartments We provided written notice 8/7/2015 that we intended to terminate the lease on or before October 31st 2015. Please provide an opinion of the amount of the $1105 charge for the termination fee.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 2 years ago.

These fees should be for actual fees incurred. They cannot "round up" or charge a flat fee as liquidated damages (they already did that when they charged you 2 months rent).

Ask them for an itemized list of charges incurred in re-listing the unit, and keep copies of all correspondence.

If you are unable to reach a resolution with the company, you can contact your local bar association and ask for a referral to landlord/tenant mediators, involving a third party neutral can often help parties break through an impasse.

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