If I paid an early lease termination fee but my unit was re-rented shortly thereafter, am I entitled to a refund of the fee?

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If I paid an early lease termination fee but my unit was re-rented shortly thereafter, am I entitled to a refund of the fee?

I signed an early lease termination agreement of 1.5 months rent, giving proper notice to vacate. Unit was re-rented 10 days after my agreed termination date. Am I due a refund since landlord is collecting “double” rent?

Asked on July 10, 2011 under Real Estate Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Although it seems that this is really unfair, how the situation plays out really depends on your lease agreement and the termination clause, and what you agreed to in the contract - which is what a lease agreement is under the law.  It is true that the law does not like when a party is "unjustly enriched" and does not like when someone is taken advantage of in a contract.  But the law also assumes that the contract has been read and agreed to and if you waived your right thereunder to any type of reimbursement then you may be out of luck.  Please seek help in your area.  Bring the agreements with you.  Good luck.


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