Re: Charging a reletting (early termination) fee

Re: Charging a reletting (early termination) fee by Anonymous on May 13, 2014 @16:42

What part of breach of contract do you not understand. I charge my tenants a 2 1/2 early termination fee. If the landlord wanted you to move before the lease was up, you would be raising holy hell. Grow up and fulfill your responsibility.

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Re: Charging a reletting (early termination) fee by Original Poster (Texas) on May 13, 2014 @17:15	[ Reply ]

The fee was equal to the rent amount, if that makes a difference. The wording on the lease (that the landlord is citing) says, "At time landlord permits an assignee, subtenant or replacement tenant to occupy the Property, Tenant will pay landlord: if Tenant procures: 70% of one month's rent that the assingee, subtenant or replacement tenant is to pay.... if Landlord procures: 100% of one month's rent...." But without any financial damages to the landlord, is this legal to assess? The second part of this, which I didn't state earlier, was that my wife's mother showed the apartment to the replacement tenant because the landlord wasn't going to be there. I told the landlord no fee could be assessed because there isn't any language in the contract about a penalty if both the tenant and landlord procure the new tenant together. Furthermore, he said he'd "work with us" on ending the lease. Kind of a secondary question, but if you would also give your opinions on the idea that both parties worked to procure the tenant, I'd really appreciate it as well. Thanks.

Re: Charging a reletting (early termination) fee by Anonymous on May 13, 2014 @17:19	[ Reply ]

The fee was equal to the rent amount, if that makes a difference. The wording on the lease (that the landlord is citing) says, "At time landlord permits an assignee, subtenant or replacement tenant to occupy the Property, Tenant will pay landlord: if Tenant procures: 70% of one month's rent that the assingee, subtenant or replacement tenant is to pay.... if Landlord procures: 100% of one month's rent...." But without any financial damages to the landlord, is this legal to assess? As far as the breach of contract question, the second part of this, which I didn't state earlier, was that my wife's mother showed the apartment to the replacement tenant because the landlord wasn't going to be there. I told the landlord no fee could be assessed because there isn't any language in the contract about a penalty if both the tenant and landlord procure the new tenant together. Furthermore, he said he'd "work with us" on ending the lease. Kind of a secondary question, but if you would also give your opinions on the idea that both parties worked to procure the tenant, I'd really appreciate it as well. Thanks.

Re: Charging a reletting (early termination) fee by george saunders (california) on November 1, 2015 @05:03	[ Reply ]

You sound like all the losers I experienced in Texas. I lived there 6 months and it was a den of thieves. The landlord laws in Texas plainly state that there is no penalty for early termination of a lease - a relet fee as a punitive damage fee is unlawful even in Texas. The tenant is only responsible for lost rent and any costs that the landlord incurs to find a new tenant - so charging a complete month rent would be excessive in most cases. But after living in Texas I got my eyes opened to the self- righteous Christian thieves that live in the state of Texas.

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