> PENALTY FOR BREAKING LEASE?

PENALTY FOR BREAKING LEASE?

Posted at: 2015-03-04 
Yes it can be legal. Any thing the lease is silent on is determined by state law. I do not know AZ but in most states it is illegal to charge a flat fee if none is stated in the lease but they can still charge you rent through the end of the lease or until the unit is re rented.

Keep in mind this is an international forum so it is always best to find & check the laws for your state.

You are responsible for rent and utilities until the property relets. It doesn't have to be in the lease as it is state law. The landlord is obligated to attempt to relet the property.

http://www.nolo.com/legal-encyclopedia/t...

It is likely not legal to charge a penalty unless it is in the rental agreement. However, the landlord can offer you a buyout where you basically pay a penalty to be released from the lease with no,further obligations (other than damages).

Some leases include an "early termination clause, which is a pre-agreed upon fixed price to break your lease.

In absence of this sort of clause in your lease, state law will prevail. The absence of this clause doesn't mean that the LL is unable to charge you for breaking the lease. It simply means that state law will determine the amount they can charge you.

Typically, state law allows a LL to charge you "mitigated damages." Damages include the cost of preparing, advertising, and re-leasing the apartment. Damages also includes lost rent due to vacancy. "Mitigation" means the LL must try to minimize their damages by faithfully trying to re-rent the apartment to someone else.

In other words, the LL can charge you rent until he is able to fill your vacant apartment OR the expiration date of your lease, whichever is sooner. In addition, he can charge you a reasonable amount for cleaning, advertising and showing your apartments.

When tenants break leases in my apartments, I charge them a $250 fee for cleaning and re-leasing the apartment. And, I also charge them for rent until I can fill the unit, which usually isn't more than one month.

Possibly, but that should be the downside about the agreement. Which can be used against the landlord. If he/she would just state the penalty then you can bring out the LAW against that, since that is not written on legal terms.

Yes it is. Usually the lease break fee is equivalent to two months rent.

My rental agreement with my landlord does not specify any PENALTY FOR BREAKING LEASE. Is it legal to charge me a penalty fee or responsible for any lost rent even though its not stated on the lease I signed?