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Do we have to pay the re-letting fee, if we have completed our lease and paid rent in full?

Austin, TX |

Dear Lawyer,
My roommate and I, missed giving our apartment complex our 60 days notice(18 days late), concerning our move out date. We were then told that we would have to pay a re-letting fee of $1069, when our rent is $840/month. Are we required to pay this fee? Will this affect our credit or possible new lease elsewhere? We appreciate your help.

Thank you, for your time.

Attorney Answers 3


  1. Its impossible to answer definitively without looking the actual lease. However, most complexes will use forms that automatically convert to a month to month tenancy after the expiration of the natural lease term. One move would be to immediately send a certified letter, amending your move out date to sixty days from whatever date you can get it in their hands. You would then just pay whatever the month to month rental is (as listed in your current lease, usually higher), and then move out on the new date you gave them or at the end of the month.

    This way you aren't triggering their reletting fee because you aren't giving them less than the 60 days they want. If they won't let you do this, then you may want to get a lawyer involved. Your concerns about affect upon credit and impact on future leasing are valid. If they turn hostile, they can and will do those things in a worst case scenario.

    The above comments are made by an attorney at The Rieck Law Firm (RLF). RLF offers free initial consultation to potential clients and more information about this firm can be found at www.riecklawfirm.com. Materials contained within this website and submitted by this user (including the above comments) provide information on general legal issues and are not intended to provide advice on any specific legal matter. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Internet and online readers should not act upon this information without seeking professional counsel.


  2. If the lease provides for such a fee, then you are liable for it. Also, if you wait to move out to a later date, then you will have to pay rent to that date. So be careful in amending your move out date and giving a new 60 day notice, because you may end up paying two months rent ($1680) which is more than just paying the $1069 re-letting fee.

    If this response was helpful, please mark it as helpful or as a best answer. The response provided herein is for informational purposes only and is not intended as legal advice, nor does it establish or intend to establish an attorney-client relationship. You should always speak with a licensed attorney regarding your legal rights before taking or not taking any particular action.


  3. It depends on the lease language. You should probably take it to a lawyer and let him review it. Alternatively, you could try to negotiate the re-letting fee.

    The above statements are provided as general information and not intended as legal advice. Each matter has its own set of unique circumstances that cannot be adequately addressed without consultation. You are strongly advised to hire an attorney licensed to practice law in your state to represent you.

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