Breaking a Lease when another Tenant is lined up (apartment, renter)

[marja]

My complex told my husband and I that we had to pay for two months rent following breaking our lease (we have to move for my grad school). This is standard, I know, but they immediately found someone to take our place in the apartment and still made my husband pay the two months (after they knew someone else would take it). I heard from a friend that this isn't allowed (since they won't be losing money), but haven't been able to find anything online to verify this. Does anyone here know the laws regarding this? Any help would be appreciated!

[mtdave2]

if you would have found the new person to rent the place you may have an argument. unless colorado has a odd law on the books i think you are out of luck,

[bullfish15]

Nope it is allowed. He had an agreement to pay X dollars a month in rent and I'm sure there was a clause in the lease about early termination causing a two month payoff. It has nothing to do with them loosing money per se... It is the execution of that particular legal document. He could have moved out and someone could have moved in the same day and he is still liable. It is what is written in the lease. It has nothing to do with a law about them not loosing money.

[WilliamPacker]

We almost had this same issue. We were told we couldn't find a sub-leaser per the contract. Whatever is written in the contract is gold. As a renter you really get screwed when it comes to a lot of things. If you rent again, make sure to read the contract very carefully.

[RonAriba]

How did they make you pay for the two months of rent? Did you give them 30 days notice?

Depending on the damage deposit agreement the damage deposit is for just that, damages, and cannot be used for rent without your permission. Also, the owners have to give you a detailed account of the damage deposit within 30 days.

If they do not give you a detailed breakdown of the damage deposit you can sue them for triple damages. In most cases if they have the property rented they can charge you for getting the home ready, like paint, carpet cleaning, etc. Also, for paper work and background checks for the new tenants.

[Luke9686]

I can almost guarantee there is something in the lease that states this. I would see if you could come to some sort of agreement with the landlord.

[tony23]

In California, you are only liable for the time the property was vacant. If they charged you 2 months and rented it after 1 month, then they owe you 1 month.

You should probably consult an attorney. Or at the very least, see if you can find one of the Nolo Tenant's Rights books.

[Katiana]

I agree with the suggestion to hire an attorney. This is not the place to get legal advice.

[RonAriba]

Originally Posted by Katiana

I agree with the suggestion to hire an attorney. This is not the place to get legal advice.

Minimum fee a lawyer would charge is equivalent to three months rent.

[Katiana]

Well, there you go then. So you either pay two months' rent to the landlord, which you feel you don't owe him (you being the OP) or three months' rent to a lawyer.