Can an apartment complex charge more than loss of income if a tenant breaks a lease?

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Can an apartment complex charge more than loss of income if a tenant breaks a lease?

As in charging $5000, when there’s only $1500 owed in rent.

Asked on October 6, 2012 under Real Estate Law, Arizona

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Typically in such a situation, a landlord may charge for the loss of rental income, as well as any incidental expense relating to the early lease termiation (advertising, etc). So, charging an additional $3,500 ($5,000-$1,500) seems excessive. Let me ask, were there damages to your unit or did your landlord have to pay to sue you in court? Absent something out of the ordinary, these charges do seem beyond those that are reasonably and normally charged.


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