Legal Question in Landlord & Tenant Law in Washington

Breaking Lease Agreement

I recently broke a lease at a previous apartment complex. I believe the real estate company is doing something wrong in the way they are handling this situation.

I was told that once the unit was rented, I would not be responsible for the monthly rent. I recently called the landlord to see if my apartment had been rented. She told me, that a tenant currently in the building ''transferred'' into my unit, so I am still responsible for rent. She said that the unit of the person who transferred into my apartment needs to be rented, in order for me to stop paying the monthly rent. This doesn't make much sense to me.

I would think, if someone is occupying my unit, that I am free and clear of paying monthly rent now. Maybe someone out there can help shed some light on this?

RENTAL AGREEMENT

Tenant agrees to pay a re-rental fee equal to one-half of one month's rent in the event he/she does not stay for the agreed rental term, in addition to any loss of rental suffered by Owners while presmies are unoccupied.


Asked on 6/26/08, 7:53 pm

1 Answer from Attorneys
Amir John Showrai The Pacific Law Firm, PLLC

Re: Breaking Lease Agreement

If everything about the two units is equal (rent, view, access to amenities, etc.), then I think your landlord's position is correct. The landlord had two units with two tenants and now has one tenant and one empty unit.

Real life facts change this, and I imagine that the reason the other tenant moved into your unit is either because of cheaper rent, or better views, or something that made your unit more desirable. If that is the case, then you may have a good argument that at least you should get a partial discount off the monthly rent owed, given that the other unit is still open and perhaps less desirable than your own- after all, your's was rented fairly quickly after your departure.

Ultimately, I'd need to know more details about the differences between the two units to give a more accurate answer as to whether you are liable for the rent for the other now vacant unit.

Depending on what your monthly rent was, and how many months are left on the lease, it may be worth your while to hire an attorney, but you should at least consult with one to make sure you know your rights and duties.

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Answered on 6/27/08, 2:13 am


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