We had to break a lease in Greenville NC, apartment already rented
2 attorney answers
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.
Top Contributor 2021
Top Contributor 2020
Top Contributor 2019
Top Contributor 2018
Top Contributor 2017
Top Contributor 2016
Top Contributor 2015
Top Contributor 2014
Top Contributor 2013
Top Contributor 2012
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.
This message is intended for informational purposes only. It is impossible to consider all relevant facts from a message board question. No attorney-client relationship has been created. Readers should seek a personal legal consultation with an attorney of their choice for the most accurate advice.