Had to break lease in Greenville NC, lease states that have to pay two months. notified him Nov 15 th that we would be out Dec 15th - paid Dec rent plus the two months stated in the lease , we were out by Nov 27 th. handed in keys rental listed Dec 6 th - as available immediately , has been rented are we entited to money back. can landlord collect double rent
It depends on what your lease contract says. If the lease says you pay 2 months' rent as penalty for early termination of the lease, then you agreed to this and the landlord can rent it again immediately and keep your two months' rent.
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I agree with Ms. Coleman. There are 2 situations possible here.
1. The lease has a liquidated damages clause (2 months rent in this case). Once that is paid, all debts under the lease are satisfied
2. The lease does not have a liquidated damages clause and you stay on the hook until the end of the lease OR until it is re rented.
Either situation has a risk involved...in this case number 2 had the best/least risk for the tenant.
But if the liquidatated damages was paid, you are not due a refund even if the landlord actually makes out better.
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