Can I still be charged a reletting fee if I found a tenant to move in the same day?
3 attorney answers
Both previous answers were correct. Additionally, the landlord will always have a duty to mitigate his damages. With you having an acceptable tenant ready to more right in, that would effectively minimize the damages for him down to an inconvenience and paperwork and cleaning issue.
Under Texas law, landlords cannot penalize a tenant for breach of a lease. The maximum that can be charged to the tenant is the rent due on the remainder of the lease, plus reasonable costs of collection. If the landlord is able to relet, then the landlord may collect only rent lost between abandonment and reletting, plus reasonable costs of reletting. The landlord may not charge more than the reasonable costs of reletting because the additional amounts would be considered a penalty.
If there is no rent lost, then the landlord may only charge a reletting fee, and that fee must be limited to direct overhead attributed to reletting. Hope this helps.
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