What can I do if my apartment complex charged me after I broke my lease even though they the re-rented it?

I had an apartment and the apartment charged me the re-letting fee which is fine. However, I was also was charged for an additional 6 months although they re-rented the unit not even 2 weeks later. So once that apartment was re-rented they were not supposed to charge me anymore but they did.  This put me in debt so bad. I need that fixed and don’t know what to do.

Asked on March 16, 2011 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Once they re-rent the apartment, they cannot charge you additional rent past that point, because they have mitigated (reduced or eliminated) their damages. Furthermore, if you already paid that 6 months rent but they re-rented, you may be able to get the money back (they can't "double dip")--though you'd have to sue to do so. (Note: if they rerented the apartment for less than you were paying, they could charge you the difference in price.) Ideally, you should consult with an attorney about his situation in detail; if you can't afford one, try contacting legal aid or legal services, who may be able to provide free legal assistance. Another option would be to bring a lawsuit, if necessary, yourself in small claims court.


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