Legal Question in Real Estate Law in Texas

Breaking a Lease before the move in date

I signed an apartment lease in mid July. The lease says we are to move in August 11th. I just lost my job. The lease stipulates a discount for working with this company. I offered to give them documentation on this matter. I am unable to pay the rent even if they let us keep the discount much less would we be approved in the first place. They are trying to charge us a reletting fee in the amount of $951 plus a daily charge of $36 every day it goes unleased. Are they able to do this? I also want to add that we do not have the lease in our possession. We were to get it when we moved in.


Asked on 7/31/01, 7:32 pm

1 Answer from Attorneys
Lawrence Maun Lawrence J. Maun, P.C.

Re: Breaking a Lease before the move in date

Not haaving seen the lease it is difficult to evaluate it. Generally, you are liable for the terms of the lease, including lease payments. If you breach the lease, not move in , the landlord must attempt to rerent the premises, i.e. mitigate damages, but you will be liable for the payments until then. The landlord cannot charge you more than the lease payments. The lease may have some sort of damage clause in it for reletting. Read the lease to determine. L. Maun 713-266-2560

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Answered on 8/01/01, 9:54 am


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