Can reletting fees be disputed?

TEXAS - I'm planning on discussing with my [former] apartment manager about the situation (she's out of town for holiday), but for future reference... www ... "landlords can charge you a reasonable "reletting fee" for having to prepare the dwelling for reletting and having to redo paperwork sooner than normal. The reletting fee mush be a fair amount to cover actual expenses and cannot be unfairly inflated (you cannot be "penalized" for breaking a lease.) The law forbids you from being penalized from breaking a lease early. You are not supposed to be penalized, you are only responsible for making up for the landlord's losses." bulk ... "The enforceability of such clauses depends in general upon how reasonable they are -- for example, whether they are triggered by any small breach of contract (clearly unenforceable under Stewart) or by failure to pay rent. Even the latter type of provision was held unenforceable in Christi, but it is a question on which the Supreme Court has not yet spoken. In order for a liquidated damages provision (such as a cost of reletting fee) to be enforceable, the damages must be uncertain and the stipulated amount must be reasonable. Stewart v. Basey, 245, 484 (Tex. 1952). (b). Unenforceable Penalties A tenant challenging a lease clause as an unenforceable penalty must plead affirmatively that it is a "penalty" and is in excess of the landlord's actual damages. Walter E. Heller and Company, 543 S.W. 2d at 697. To be enforceable, the damages from the breach must be uncertain and the stipulated amount must be reasonable. Stewart v. Basey, 245, 484 (Tex. 1952)("a party should not be awarded neither less nor more than his actual damages... . ")" I lost my job in August 2008, and so I started doing the month-to-month rent after my original lease was up (an extra $100 for the month-to-month option) I then stayed there as long as I could (6 months) before my savings ran out, and before I could find a better paying job (found a lower paying job, but it just was not enough money coming in for everything). After trying to hold off, I paid the last 2 months of rent with my credit card. I finally couldn't handle the stress anymore, and on May 5, my sister allowed me to move in with her. I put my move-out-notice in on that same day (June 5). I know that I had put my notice in 4 days "too late", but understood that the apartment management was accepting it as my 30 day notice...And they did tell me that I could move out on June 1 when I spoke to them. Foolish mistake for me to trust them, I later learned. I was expecting a deposit refund check, but instead got a bill for $630, for a "reletting fee". My lease is the standard TAA lease... I have seen the reletting fee on there before and that it is 85% of rent, and I understood it. But like I said, it wasn't clear to me that they did not agree with my move-out-date, therefore, I did not expect this. I really liked those apartments, and planned on moving back after I could get back on my feet. This is the reason I gave them as much move-out-notice as possible (versus moving out on May 5, and giving them a "1 day notice".) Hopefully this is just a huge misunderstanding between the apartment manager and their corporate offices, and I can get it taken care of. God I hope so,,, Anyway, I understood the 85% reletting fee in the lease agreement. However, I find it hard to believe THEY could have saved $630 IF I had put my move-out-notice in 4 days earlier. To me, it sounds like a "penalty" (but hopefully a misunderstanding) instead of a reletting fee, being used to recover their cost incurred in reletting the apartment. Especially when, at the most, they would have only gotten 30 days to find a new tenant since I was on a month-to-month rent. At the most, they could have sent me a bill for the prorated 5 days. I'm really disappointed in them. My question is, for future reference... (if it ever had to come down to it) Is there a possibility that my lease could be ruled an invalid contract, by a judge, if it is in the judge's opinion that this $630 charge was being used by the apartment company as a penalty, and not relevant to actual cost that were incurred in reletting the apartment? Thank you kindly for any advice... I posted the wrong link for 2nd quote... here's the correct link www ... @philospher77 - They found a new tenant, whom moved in June 5. So, they charged me rent for June 1, 2, 3 and 4, prorated. That - I have no disagreements with; it is the "relet" fee I disagree with, since they did not loose any money at all. I have contacted an attorney who has offered to fight this for me pro bono (if it gets legal). Thank you for your opinion; it led me to further explore my legal rights. Thank you.

5 months ago - 3 answers