I paid the landlord a 3 month penalty for breaking the lease early. Can I recover that money if he finds a new tenant immediately? Double-dipping?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
I paid the landlord a 3 month penalty for breaking the lease early. Can I recover that money if he finds a new tenant immediately? Double-dipping?
Asked on June 20, 2009 under Real Estate Law, Pennsylvania
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Maybe. The way it works is the following:
1. Does your contract state 3 month penalty? If so, that penalty is to cover the empty apartment -- theoretically it would take 3 months to find a new tenant?
2. The landlord must mitigate his or her damages. Meaning, he or she must advertise and truly attempt to find a tenant to replace your lease. If he or she finds someone month 1 or 2 and you are already gone, then you need only pay the 1 or 2 months rent because that is how much the landlord is out plus anything from your security for reasonable wear and tear and itemized bill of repairs, cleaning costs, etc.
3. Remember, you can always ask your landlord if he or she will allow the surrender of the lease without penalty, as well.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.