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Can my landlord charge me a 60 day notice for rent even though I am moving out on the 31st and he plans on renting it out?

Denver, CO |

Ok so I have had complaints about noise, that I feel is ridiculous. I have decided to break my lease to avoid a possible eviction. My assistant manager at my apartments said that I have to give a 60 day notice and pay 1500 for breaking the lease. I told him I am moving out on the 31st, and he said he will put 60 days of rent and breaking lease fee in a payment arrangement but that hes not putting 60 days of rent down as rent he is putting as some other fee so he can rent it out after i move. Can he do that? If someone moves in within that 60 days am i still responsible for 60 days of rent. I was told it was illegal to collect double rent for 1 unit.

Attorney Answers 2


  1. You need to look at what the written lease says in order to determine what obligations and rights you have. The landlord is NOT entitled to double-dip and collect rent from you as well as a new renter, that is for sure. The landlord also has an obligation to mitigate their damages and re-rent the premises for the same price to another tenant as soon as they can find. So, you are correct that the landlord can't collect double rent for the same unit. You might need the services of one of us attorneys who practice landlord-tenant law. There are many good attorneys here on Avvo.

    The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.


  2. Mr. Leroi has given you great advice.
    You will receive a security deposit accounting and likely this will be accompanied by a demand for payment for rent and the lease break fee. I recommend contacting an attorney to review your lease to determine if the apartment can charge both or if they are limited to one or the other. You also want to ensure that your security deposit is handled correctly.
    Good Luck,

    Donald at Robinson and Henry, PC at (303) 688-0944 or Reception@RobinsonandHenry.com. The above information is provided to you “AS IS,” does not constitute legal advice and we are not acting as your attorney. Because we do not have a full view of the facts in providing the above information we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this web site and its associated sites. Legal advice must be tailored to the specific circumstances of each case and the information provided to you may not be an appropriate fit in your case. Nothing here is provided or should be used as a substitute for the advice of competent legal counsel. This postings is for educational and information purposes only, not legal advice or legal opinions. The information is not intended to create a lawyer-client relationship between the author and you.

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