A fee is not rent; rent is rent. - Landlord Forum thread 318723

A fee is not rent; rent is rent. by Bob on May 13, 2014 @16:37

Maybe, depends how the termination document reads.

If I charge you a FEE to break the lease, and it is listed as a FEE and NOT as rent in the document, I can do it.

That money is not rent, but a fee you paid to end the lease, regardless of when the next person started. When I have done this, I have always changed a number NOT equal to the rent, so there is no confusion.

If the termination agreement says you will pay rent for May,
and another person pays rent for May, then you will certainly have an argument.

If it is poorly worded, you would probably also have a case, assuming the Landlord wrote it.

So what does it say?

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Legal fees? by Bev (Texas) on March 14, 2015 @13:30	[ Reply ]

I'm being charged a relet fee. I'm hoping someone would be able to give me some answers. My lease was up in Jan 2015, however I wanted to renew my lease for another 6 months. I addressed that to one of the leasing agents in the office (within the 60 day notice of renewal), and she said that someone would get back to me. I haven't heard back from them until I called, and asked about my renewal monthly rate for rent. One of the leasing agents then told me my new rate. I never signed the lease for the renewal. Then, about mid January I received a notice from the landlord to vacate the premises (termination letter) because they no longer wanted to lease the apartment to me. They gave me a 45 day notice which ended my occupancy February 28th 2015. I returned all my keys and gate keys along with providing my forwarding address. I figured that at that point I was on a month to month lease since no renewal lease was signed for the 6 months. Can I be charged for a reletting fee? Also I see that the reletting fee should be charged no more then 85% of a months rent. Mine is well over 85%. Should I consult with a lawyer? I feel like they are charging me for a fee that I should have to pay. And if I should have to pay a fee, could I argue and say that it's way to high? Please help! All comments are welcomed :)