Do i owe a 2 month early termination fees to my landlord as my landlord was immediately able to re rent the apartment ?
4 attorney answers
If that is what you agreed to; yes you do (that is the gamble one takes; if they HADN'T rented FOR THE REMAINDER OF THE LEASE - that provision would have LIMITED YOUR liability to those two months). Hope this helps, although I am sure it's not what you wanted to hear. gsg
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You can't have your cake and eat it too. If YOU selected that option then you owe that money as a lease termination fee.
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Yes, this was the option you selected if you wanted to move out early. You owe the termination fee. Understand that there are significant costs in "turning" an apartment, including marketing expenses, contracting expenses, clean-up, and various other expenses, not to mention the uncertainty in being able to re-let the premises quickly. These are the reasons why you get to choose from the two options in your lease -- and you selected the fixed fee.
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Yes, of course you owe the 2 month early termination fee. You agreed to pay the termination fee if you broke the lease, and you broke the lease. The termination fee is not rent. It's a penalty for breaking the lease, which you agreed to pay. The fact the LL was able to rent your place soon after you left is of no consequence.
Just because I answer your question does not mean that I am your lawyer, or that you should take action based on my answer. I am not your lawyer. I can give you my best guess based on the facts as you present them in your question. Any questions that I ask in my response are rhetorical, which means that I do not want you to answer my questions.