If I have to break a lease due to a move for work and the apartment has a renter when I move, what can the landlord require me to pay?

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If I have to break a lease due to a move for work and the apartment has a renter when I move, what can the landlord require me to pay?

I live in an apartment but have to move for work. I spoke with my landlord in advance and they were able to get my place rented for someone to move in 15 days after I vacate. My landlord is now telling me he is going to keep my security deposit and require me to pay half of another months rent. My place is in perfect shape and has absolutely no damage. He he keep my deposit and require me to pay additional money even if they have another renter moving in?

Asked on May 9, 2011 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

1) You are liable for all rent remaining on your lease term (or for mone month's rent, if it's an oral lease and/or you're a month to month tenant), until such time  as the apartment is re-rented. If there is a 15 day, or 1/2 month, vacancy, they can charge you for 1/2 months rent.

2) The landlord may not on top of that keep you security deposit, other than to pay for: i) any damages you, or your family, pets, or guests, caused to the apartment; ii) for any previously owed and unpaid rent; iii) for the 1/2 month's rent, if you don't otherwise pay it (i.e. if you don't pay the 15 days worth, the landlord is entitled to take it out of the deposit; or iv) except to the extent that there might be some earlier termination fee in your lease, which you do not pay and which the landlord then takes out of the deposit.


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