Can I be charged a concession chargeback by my apartment complex, if they called me to release the apartment?

UPDATED: Oct 11, 2011

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Can I be charged a concession chargeback by my apartment complex, if they called me to release the apartment?

Fountain wood apartments charges a high concession charge back for breaking an apartment rental contract so I decided to keep the apartment even though I was moving out of state. The apartment complex contacted me saying they found a renter for the apartment, would I be willing to release the apartment since I had moved out of state. I said yes, but they sent me a bill for concession charge back.

Asked on October 11, 2011 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If they had agreed to not charge you the charge back, then they could not. But without that agreement, they probably could. That's because if you break the lease, you are potentially liable for both the remaining unpaid rent under the lease as well as any penalties contained in the lease; finding a new tenant means you don't have to pay the unpaid rent (since now the landlord is getting it from someone else), but does not necessarily mean you don't have to pay the penalty/fee/chargeaback, etc. However, that's just generalities: for a definitive answer, you need to examine both the exact wording of the lease (especially any terms about the chargeback) and also consider exactly what was in the agreement between you and the landlord about you leaving early. If possible, let an attorney help you determine your rights under the lease and any subsequent discussions or agreements (i.e. let a lawyer examine the lease, etc. for you).

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 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.

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