Re: Charging a reletting (early termination) fee

Re: Charging a reletting (early termination) fee by Original Poster (Texas) on May 13, 2014 @17:22

Sorry....a bit of trouble with internet connection and didn't post this to the main thread, and only as a reply. Thanks everyone for responding.

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" (we have this in writing) 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.

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