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Hi- I have been on various legal sites about this and am getting mixed feelings. I had to break a lease 2 months early and paid the break fee to do so. I found out through an online source they have rented our apartment next week (which means for 7 weeks they would be double dipping since they have our break fee and the new tenants rent).
They refuse to refund my deposit, saying something about the 'fair housing act' wont allow it (dont personally understand this), however I thought in North Carolina the LL had to make an obligation to find a replacement tenant, and was not allowed to double dip. Is the apartment complex right to not refund me for the money I paid these next 2 months when there is another tenant living in my unit.
Per my understanding, the double dipping rules don't apply when you pay a lease-break fee aka early termination fee. In those cases landlord might not rent it for 8 months and you don't owe any more money. But on the flip side, landlord might rent it 2 weeks later and landlord is allowed to double dip and doesn't owe prior tenant any money.
I didn't check NC law specifically, so check your state law to confirm.
Trust me I was in the same boat. My fee was $4200. I just made last payment today. It would have gone on my credit and I wouldn't have been able to rent an apt in the future. My apt was rented 2 days after I gave them notice. I seriously questioned them on the double dipping situation but it was all my fees for breaking lease. This was an apt complex not private LL.
In Florida double dipping is allowed and perhaps else where too. We can charge lease break fee and lease it right away.
We don't force anyone to break their lease so don't blame others for breaking the lease.
Actually today we had someone walking away 4 days prior to move in and asking for the security deposit back which we consider holding money so that person should be happy we don't go for more money as we have a lease break fee and a signs lease and not moving in while a signed lease is in place is called lease break!
You have to either read the sate law or take them to small claims to find out. Just because it's in the lease or because the landlord says that's the way it is, doesn't make it legal. Illegal clauses in leases and illegal landlord policies don't superseded the law. You can write away your rights.
An early termination fee is not rent...so they can collect that penalty and rent that unit asap. It's NOT double dipping...that applies to colleting monthly rent from the former tenant and the current tenant at the same time.
Not really. It costs money to get new tenets in. It cost your landlord a certain amount to get you in and your rent is set in a way that you pay a certain amount over X number of months towards recouping that cost. You don't see it but it's there, that is why signing a 2 year lease will often get you a slight discount on your rent. If you leave early they still need be able to recoup the money they spent getting you in the apartment. These costs include things like painting the walls, bringing in pest control, paying a cleaning crew, advertising, realtor commissions (usually one month's rent), time it sits empty, utilities while it sits empty, and so forth. I agree $4,200 seems steep, but it depends on the area costs. By the way, if you break a lease in an area that has distinct renting seasons, like a college town, the chances of that landlord getting a new tenet are slim.
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And yes mine was through an apartment complex, not an individual owner. Kind of sad that they can do that to you....
