What happens if you break your lease but as soon as you leave the landlord rents out your apartment?

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My wife and 2 kids moved out of our apartment the first of this month because i lost my job and we couldnt afford rent. My wife hasn’t worked in 3 years. But the apartment complex rented out our apartment 4 days after we left, so we don’t own them anything since they rented it out right?

You would owe for the 4 days rent, damages, cleaning fees and any termination fees.

8 Comments zu “What happens if you break your lease but as soon as you leave the landlord rents out your apartment?”

  1. ?

    you do not owe rent for when they rented it, but if you left damage, you owe them for that.
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  2. David Z

    yes you are generally correct assuming he was able to get new tenant to pay at least what your rent was.

    he could technically ask you to pay for the costs he incurred to find a new tenant. If he had to run ad and/or pay for credit and background checks on new tenant he could ask that you pay that.

    also if he was unable to recoup 100% of your monthly rent you could be on hook for that. (i.e if your rent as $1,000 a month but he had to offer $900 to new tenants, you would have to make up the difference.)
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  3. Beverly S

    Wrong- you owe them whatever is allowed in the lease for breaking the lease. You probably won’t get your security deposit back & hopefully you didn’t cause damage. (Hope you took pictures of the place before leaving). Good luck!
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  4. reenzz

    You would owe for the 4 days rent, damages, cleaning fees and any termination fees.
    References :



  5. Ranger4402

    Does the lease have a fee for breaking the lease? You may owe that. You are responsible for any damage your family did to the unit.

    If the carpets and drapes were cleaned (in some states they have to be because of state law), then you will be charged a cleaning fee unless you already paid one when you moved in. You may have to forfeit your security deposit too.

    Read the lease and see what the lease termination charges are.

    I don’t believe you are responsible for any rent unless the rent for the new tenant is lower than the rent you agreed to pay. You may be responsible for the difference until the lease is up. The property owner can’t collect double rent.

    Not being able to afford the rent due to a job loss is not an excuse for breaking a lease unless the lease says it is.
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  6. jeep_girl_tx_24

    This might piss you off, but this is from experience and you would be really pissed off if you thought you were in the right and then they came after you and messed up your future rental and credit.

    The new leasees agreement has NOTHING to do with you. You owe them according to YOUR agreement regardless of whether they have someone else in there or not and they will come after you to get everything you owe to them and it will affect your credit report and rental history if you don’t pay. Your deposit is gone and you have to pay whatever the "reletting" fee is.

    UNLESS you found the new renter and it was a "sublease" which is not what your question sounds like you did and subletting apartments may not be allowed per your contact.
    References :
    personal experience with myself and friends.
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  7. Baby #1 on 12/10/08

    You don’t owe them any future rent (sorry Jeep, it’s illegal in all states to double dip in rent), the new lease relieves you. You do owe rent for the four days the apartment was vacant. If your lease lists a re-letting fee, you’ll owe that as well. Any cleaning or repairs will be taken from your deposit, and the landlord is required to send you an itemized statement as to where your deposit went. If you pay everything as it’s billed to you, it’ll have no effect on your credit as they’d need to obtain a judgment against you in order to do that.
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  8. chatsplas

    WRONG.
    READ your lease. Does it set out specific penalties?
    You BROKE your lease. LL had a duty to mitigate damages by re-renting, and did so. Thus you would only be liable for the 4 days rent. Probably you will lose your security deposit due to breaking your lease. You would OWE them for the 4 days rent.
    References :
    real estate investor



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