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poolesl · Dec 2, 2007, 11:35 PM

I signed a 1 year lease that will expire in August of 2008, but I am relocating to another city in January of 2008 and I am trying to find the cheapest way out of my lease agreement.

I live in Texas and part of the standard Texas rental agreement states:
"UNLAWFUL EARLY MOVE-OUT; RELETTING CHARGE. You'll be liable for a reletting charge of $_______ (not to exceed 85% of the highest monthly rent during the Lease Contract term)"

Well my monthly rent is $570 and the amount they filled into the blank in that part of the contract is $570 which is 100% of my rent, which clearly exceeds 85% of my monthly rent. Is this contradiction enough to get me out of my contract? Obviously they can't charge me $570 as a reletting fee because that is in breach of what the lease states. Is this breach enough to void the contract?

excon · Dec 3, 2007, 05:53 AM

Hello poolesl:

Nahhh. Besides Texas law outranks your lease and it's harder on you than your landlord is. Even if you have pay a full month reletting charge, it's better than being stuck with the ENTIRE lease, which is what your state law calls for.

excon

poolesl · Dec 3, 2007, 06:19 AM

Actually, I am still stuck with the entire lease after I pay the reletting fee, that's why I'm looking for a way out. If all I had to pay was $570 I wouldn't even look for a way out, I'd just pay it and move on.

excon · Dec 3, 2007, 06:49 AM

Hello again, poolesl:

Like I said, landlord tenant law outranks your lease. The "reletting charge" is illegal. To wit:

Your landlord CANNOT benefit from your departure, and that's what he'd do if you paid the "reletting fee", and you paid rent until he finds a new tenant.

I'd send 'em a certified letter, return receipt requested informing them of the law. Tell them that you will pay ONLY what the law allows, and it DOESN'T allow for a "reletting fee". Tell them that if they wish to sue you over it, you'll see them in court.

excon