TX rent question (lease, tenant, deposit, fee)

[lepoisson]

I broke my Texas lease a few month early. I was required to give a 60 day notice and pay a reletting fee equal to 85% of one months rent.

I gave my notice on Feb 3 with a move out date of April 3, but I moved out of the unit on March 2. I paid rent through the end of March.

If the landlord has someone else move in to my unit in March, are they required to refund me a prorated amount of rent I paid for March? Is the landlord allowed to "double dip" by taking rent from me and from another tenant?

[spencgr]

Before asking about possible refunds from the landlord, what are you doing about the amount you owe for April?

[MrRational]

Originally Posted by lepoisson

If the landlord has someone else move in to my unit in March,
are they required to refund me a prorated amount of rent I paid for March?

Yes. That questionable fee is another matter...
but rent is not paid by more than one occupant.

Have they returned your deposit yet?

And don't plan to pay the April rent too eagerly...
LL's will often need to be kept motivated to find a new tenant

[Jenkay]

Originally Posted by spencgr

Before asking about possible refunds from the landlord, what are you doing about the amount you owe for April?

I'm guessing since April's rent wasn't due yet, OP hasn't paid it. And if the place is rented to someone else, OP doesn't owe it.

[lepoisson]

I paid March rent. The landlord will be billing me for the reletting fee and the prorated rent for April. Who knows, maybe if someone moves in soon, I'll get a refund for March rent, but still owe the reletting fee.

[Rabrrita]

Originally Posted by lepoisson

I broke my Texas lease a few month early. I was required to give a 60 day notice and pay a reletting fee equal to 85% of one months rent.

I gave my notice on Feb 3 with a move out date of April 3, but I moved out of the unit on March 2. I paid rent through the end of March.

If the landlord has someone else move in to my unit in March, are they required to refund me a prorated amount of rent I paid for March? Is the landlord allowed to "double dip" by taking rent from me and from another tenant?

In TX, yes they can collect from both IF YOU AGREED TO THOSE TERMS. It will be the responsibility of the landlord to show an executed agreement specifically outlining the agreed upon terms and conditions. Absent any agreement, it will be the month of March and the re-letting fee but not anything for April. Although you said you were require to give 60 days, the most the courts will hold you to is maybe the only full month after you gave proper notice or 30 days after notice; depending on which court hears the case.

[lepoisson]

Originally Posted by Rabrrita

In TX, yes they can collect from both IF YOU AGREED TO THOSE TERMS. It will be the responsibility of the landlord to show an executed agreement specifically outlining the agreed upon terms and conditions. Absent any agreement, it will be the month of March and the re-letting fee but not anything for April. Although you said you were require to give 60 days, the most the courts will hold you to is maybe the only full month after you gave proper notice or 30 days after notice; depending on which court hears the case.

I'm not even sure if they have re-leased the property to someone else. The property was listed as vacant on their website for 1 week after my 60 day notice date, but the property disappeared a few days after I moved out. Who knows...

If someone has already moved in, ideally I'd like to be refunded a prorated rate for March (from the time the new tenant moved in to the end of the month), not be required to pay for any April. But I will still pay the reletting fee, of course.