Terminating a Lease (apartment, how much, house)

[balletbabe]

My husband and I found a house and will be moving out of our apartment. We have provided a written notice of intent to vacate and our thirty days is almost up. The contract that we signed gave us the option to pay a termination fee to release us from further financial responsibility but does not define what the process would be should we choose to gamble that the unit will be quickly rented. Our complex has informed us that the unit is scheduled to rent as of Sept. 1 so we want to not pay the termination fee. But the contract doesn't specify how much we would be charged on a day to day basis until the new tenant takes the unit. They are saying that per their policy that the terms have been determined but because it isn't in our contract does that really apply? Isn't that a whole in the contract because it doesn't specify how liquidated damages will be handled? Or how much we will be charged? Thanks.

[Luke9686]

I would just pay the fee. Technically, you are the one breaking the original contract. You are trying to find a loophole in a contract you are breaking.

If the apartment ends up not renting, they could come after you for the lost rent. I would assume if you pay the termination fee, that would be the end of it.