These are fixed costs to re leasing an apartment. During a 12 month lease, I amortize these costs and build them into your monthly rent. Since you are leaving early, the $290 covers these costs (actually, my costs are probably more if I pay myself a reasonable hourly rate).
So, its absolutely fair and legal for him to charge you this on top of your rent.
Additionally, you need to understand your place as a tenant. You reside there. It is not your business to run. I do not want you representing my business or my property. There are things I can and cannot legally say, and you don't know what they are. You also don't have the authority to negotiate with tenants. As such, I do not want you advertising for me.
It was your choice to break the lease, and it will be on your dime. You agreed to the fees beforehand. You need to understand that a legal document is binding and that their are consequences to breaking it.
The only exception is if your are moving due to military orders. But, this does not sound like the case.
If your husband was in the service at the time you signed the lease and you must move due to transfer orders then the landlord must permit you to break the lease without penalty. Talk to the base housing officer.
"Also i advertised our apartment on Facebook "
Did you say to contact you or the Landlord?
If you are telling peple to contact the landlord (same number he is using) then politely say you are giving him more exposure. But is you told people to call you, then it smacks of subletting.
As for the $290, this is for the added cost of advertising. It does not include any other costs (repainting, etc). These costs will follow if needed.
As for the liability for the rent, why not? You signed a Contract. It protects you and the landlord. It protects you from unexpected and frequent raises in the rent by guaranteeing you the rate for at least 1 year. It guarantees him an occupied apartment. Without a lease, you could move out after a couple of months and he is 1) stuck with a non-producing unit and 2) extra costs due to the "wear-and-tear" of your living there.
While You may look at it as "home", but rentals are a business. How would you feel if someone jacked you around and didn't want to pay you?
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The $290 is for his extra work and such to re-rent, if it is in the lease, you are paying it. As for the paying until someone takes over, that is correct IF THE LANDLORD MAKES A GOOD FAITH EFFORT to rent it... now "Good Faith" is tough to prove in court, however if he tells you "dont let anyone know I have an apartment to rent" and "don't bring me any prospective tenants"... that sounds alot like Bad Faith..
So legally this is all correct, but if he is not trying to rent the place out, then you do not have to pay rent after you vacate.... I think the issue might be that you are trying to rent it, while you should be just trying to find a tenant for the landlord to rent it to.
I also think you should talk to the housing officer on base, they probably have experiance with this type of thing.
You don't think it's fair? You're the one that's breaking the lease. How do you think your landlord feels? Now they have to advertise, show your apartment, possibly clean/paint after you move out, screen new applicants with background/credit check, etc. This all takes time and money.
No you don't get to advertise your apartment. You're not the landlord. Your landlord will include the info and contact instructions that they feel are relevant. THEY get to screen the applicants, not you.
You can't advertise because your landlord most likely does not allow subletters. The 290 to break your lease is to cover your landlord's costs for re-renting the apartment before the lease is up (advertising, background checks, etc.). This is separate from your rent.
It pays for the advertising, etc for LL to find a new tenant.
Ok so mt husband an I are moving. Just into the military base where we are at. We have an apartment an we signed a year lease. Yes have to break our lease because we are moving before the lease is up. When we signed the lease I didn't plan on moving but we are now cause we were given the oppertunity. Ok, so in the lease it says we have to pay 290 to break the lease but even though we pay it we are responsible for the rent for every month left tin the lease until someone takes over. So if we have to keep paying rent until someone moves in even though we won't be living here what is the point of paying then 290? Also i advertised our apartment on Facebook an my landlord called me today saying she got a call saying someone had seen my posting on Facebook. Well my landlord said I can't advertise it at all an I have to take it down. I know they are advertising but why can't I? I don't think any of this is fair.
