Legal Question in Landlord & Tenant Law in Texas

Reletting Fee VS. Remainder of Lease Agreement

I just moved out of a rental house in Texas. I did have to break my lease agreement. I received a letter from the real estate agent handleing the releasing of the house. It states that for reletting the contracted lease agreement for the address, my $1000.00 security deposit and my $450.00 pet deposit will not be refunded, due to breech of contract. Now, the landlord is also wanting me to continue paying rent until the house is released. I was under the impression that in the state of Texas a landlord my charge either a reletting fee or the remainder of rent, but not both. Can he charge me both a reletting fee and still continue to charge me rent until the house is released?


Asked on 1/22/04, 12:28 pm

1 Answer from Attorneys
Sharon Campbell Sharon K. Campbell

Re: Reletting Fee VS. Remainder of Lease Agreement

If it is a part of the lease, you may be charged for both. You are responsible for the re-letting fee and the rent until the property is re-let. By statute, however, the landlord has a duty to attempt to mitigate its damages by trying to re-let the property. The landlord cannot just charge you for the remainder of the lease. Rental occupancy is down in the Dallas area (I am not sure what area you moved from) so it may take longer than it used to to get a new tenant in the property.

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Answered on 1/22/04, 12:46 pm


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