I have a dispute over a lease I took out to rent an apartment, but then had to back out. I’m a working guy and I signed a 1 year lease to move into an apartment complex for $1100 a month rent. I then had an unforeseen job transfer to another area and I have now transferred jobs and moved into a new apartment. The apartment complex I signed the lease with is a is a family owned business though the owners daughter is the one who seems to do the running of the business and she is the one I’ve been dealing with.
I had signed the lease but not yet moved into the apartment, she says it took her 4 months to relet the property to a new tenant and she is now demanding that I pay her for the full 4 months rent while the apartment was unoccupied and all of her setting up and reletting fees. I would accept that the deposit I paid would not be refunded but I had not realised that it stated in the lease contract that a tenant is liable for any period of time taken re-relet the apartment as well as the admin costs.
This will put me in a disastrous financial situation if I have to pay all of the amount she is now demanding. I’m unsure about why it took her 4 months to relet the apartment and wonder if she did this deliberately knowing she could still charge me the full rent over that time. She says this was due to it being through the winter season when demand is a lot lower and that she would only take a tenant of acceptable quality.
It is known in the area that the owners of the complex are quite wealthy, so I asked if she would consider releasing me from the lease and only charge me the deposit I paid. She then informed me that she was not willing to consider any of this and has told me that full payment must be made otherwise she will need to consider suing me for the full amount owed.
I’ve now been served with court papers and she is suing me for the full cost of $6000. I feel that she is being very cold hearted to demand the full amount especially as I have let her know that this will put me in a disastrous financial position.
In speaking with a friend who has some knowledge of lease agreements, and he has told me the following:
- It’s not a case of her being cold hearted as all she is doing is suing me for what I legally owe.
- While she was obliged to actively seek a new tenant, she is not obliged to just accept anyone and it may have taken her 4 months because she was being selective in only willing to accept a qualified tenant
- It makes no difference at all if she isn’t in any great need of this money, I legally owe her and she should continue suing me for the full cost. She will then get a court judgement for the full amount and she can then have my wages garnished to ensure she receives full payment.
- Whatever disastrous financial state this will leave me in, is of no concern to her at all and she has no reason to give any consideration to that.
- He advises me to cut back on everything I can and look for extra part time work as there is no way out of paying this.
I would like to hear other landlords views on this, should she really be suing me over this and do you agree will all of the points friend makes?