I broke lease. Can landlord charge relet fee AND rent for days I did not live there?

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I broke lease on 10/8/10 in Aurora, CO due to job transfer. Contract ended 12/15/10. Rent was $755/mo. Contract states $1200 relet fee for early moveout. (1.) Can they charge $1200 plus rent through 10/31 (23 days after moveout and an extra $560)? (2.) Is $1200 even a legal amount to charge? (One rep mistakenly told me they calculate that fee as 1.5 times rent (which would be $1132.50))

Attorney Answer

1
Michael Field ·
Landlords are entitled to charge relet fees if set forth in the contract. Relet fees have to be reasonable. In your case, $1200 is reasonable given the base rent. Relet fees of this amount are typically charged in lieu of additional rent if a tenant breaks a lease and moves out early. In your case, it appears you are being double charged. Even if the contract allowed the landlord to charge for unpaid rent in addition to a relet fee, a judge would most likely strike one of the penalties charged because the penalty amounts to betterment for the landlord because he/she is attempting to recover more money that he/she would be due under the contract had you not moved out early.
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