Is an apartment complex allow to charge two tenants rent for the same apartment?

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Is an apartment complex allow to charge two tenants rent for the same apartment?

I had to break my apartment leasing agreement earlier than the end date and the
termination agreement I signed with the complex stated that I have to provide a
60 day notice period which I did and pay an additional termination fee of 2
months rent if the apartment is not re-rented out. Now, I’m being told that while
the apartment has been re-rented to another tenant who has signed a new lease, I
will also have to pay the termination fees which covers two months rent after I
move out. Essentially, the apartment complex will be double charging rent to two
people for the same apartment. Is this allow per North Carolina real estate or
relevant laws?

Asked on April 1, 2019 under Real Estate Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If the agreement stated that you only had to pay the 2 months rent if the unit was not re-rented but it was re-rented, then in that case, the complex cannot charge you the money: they are bound to the agreement, which you indicate states you'd only have to pay if not re-rented. Since they are violating the agreement, you could sue them for "breach of contract" to recover your two months payment, such as in small claims court. Contracts are enforced according to their plain language (what they obviously say) by the courts.


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