Can a landlord charge a previous tentant the remainder of the rent through lease expiration and expect it to be paid upfront?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a landlord charge a previous tentant the remainder of the rent through lease expiration and expect it to be paid upfront?

I signed a 1 year lease 6 months ago. The agreement stated that if I were to terminate my lease early, I would continue to pay the monthly rent through the expiration or until another tenant moved in, whichever came first. I vacated earlier this month and received a letter last week stating that I owed over $4,600 in “unpaid charges”. I was told that charge is for the remainder of the rent through lease expiration, and if I didn’t pay it by next week, it would be sent to collections. The company refuses to allow me to make a payment plan or have a manager return my call.

Asked on December 27, 2011 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The best way to answer your question is to carefully read your rental agreement in that its terms and conditions control the obligations owed to you by the landlord and vice versa in the absence of conflicting state law with respect to the amount now claimed due for the full balance of the lease's term.

From a practical point of view, it makes no sense for you to pay the full amount owed on the lease in that had you remained in the unit, you would be obligated to make only monthly payments on the unit. I suggest that you try and sublease the unit that you are under contract for. The landlord is under an affirmative obligation to mitigate his or her damages by trying to find another tenant to replace you. If you pay the full amount up front demanded, the landlord does not have nearly the incentive to try and rent out the unit to another person.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption