If they pay a re-letting fee, is it still counted as a broken lease?

Topic Author
Ivan Molina
5 years 7 months ago #26878 by Ivan Molina
Out of curiosity, if someone wants to leave and they pay the re-letting fee, do you still count it as a broken lease? I was under the impression that if you don’t fulfill the lease it’s considered a broken lease?
5 years 7 months ago #26878 by Ivan Molina
Topic Author
Amy Sexton Horsley
5 years 7 months ago #26879 by Amy Sexton Horsley
If you are talking about a reference, I still indicate that they broke the lease, but paid the lease break fee.
5 years 7 months ago #26879 by Amy Sexton Horsley
Topic Author
Ivan Molina
5 years 7 months ago #26880 by Ivan Molina
Amy Sexton Horsley over in Texas they normally only ask “Was lease fulfilled”
5 years 7 months ago #26880 by Ivan Molina
Topic Author
Lauree Hensel
5 years 7 months ago #26881 by Lauree Hensel
If you have a buy out clause in your lease and they exercised that clause, then they fulfilled their lease
5 years 7 months ago #26881 by Lauree Hensel
Topic Author
Erik McKinster
5 years 7 months ago #26882 by Erik McKinster
Oh yeah... it’s broken. Reletting fee, accelerated rent, damages and cleaning charges too.
5 years 7 months ago #26882 by Erik McKinster
Topic Author
Jennifer Lea Yoneoka
5 years 7 months ago #26883 by Jennifer Lea Yoneoka
That's what the lease break fee is for. Damages and cleaning are extra and one may incur them on a normal notice to vacate at the end of their lease.
5 years 7 months ago #26883 by Jennifer Lea Yoneoka
Topic Author
Marie Compton
5 years 7 months ago #26884 by Marie Compton
Reletting fee according to TAA is not strickly a lease break fee. The terms of the lease with the relett fee say that they still owe rent until someone else occupies the apt and they forfeit the sec dep. They still are charged for damages, as well.
5 years 7 months ago #26884 by Marie Compton
Topic Author
Kathy Winfrey Chaney
5 years 7 months ago #26885 by Kathy Winfrey Chaney
Jennifer Lea Yoneoka it's not a " lease break fee" it's a penalty fee for breaking the lease, or cost of reletting fee. What it costs the property for you "NOT" fulfilling your lease.
5 years 7 months ago #26885 by Kathy Winfrey Chaney
Topic Author
Jennifer Lea Yoneoka
5 years 7 months ago #26886 by Jennifer Lea Yoneoka
Kathy Winfrey Chaney it's whatever a company names it in their lease. I've seen many terms. Lol
5 years 7 months ago #26886 by Jennifer Lea Yoneoka
Topic Author
Juan Carlos Suarez
5 years 7 months ago #26887 by Juan Carlos Suarez
Isn’t there a Lease Termination agreement Form that you may use to avoid dinging a tenants references? Obviously it would include whatever charges you need covered.
If tenant is being straightforward why not make a good experience for either a return or a referral or a positive review.
5 years 7 months ago #26887 by Juan Carlos Suarez
Topic Author
Robin Rapert-Quick
5 years 7 months ago #26888 by Robin Rapert-Quick
What does your lease say? That’s the governing document.
5 years 7 months ago #26888 by Robin Rapert-Quick
Topic Author
Chris Hurst
5 years 7 months ago #26889 by Chris Hurst
If your lease has an early termination option and they choose to elect it then they’ve fulfilled their obligation. Its written in as an option for their contract. Either stay C amount of months at XYZ rate or stay until you need to move on and provide the set notice and associated fees. Think of it more as a negotiation of the lease term end date as thats what it’s built in to be. Not so much a broken contract, just renegotiated.
5 years 7 months ago #26889 by Chris Hurst
Topic Author
Kristine McCay Fears
5 years 7 months ago #26890 by Kristine McCay Fears
No, it's not broken if they give you notice and pay the termination fee. They fulfilled their obligation.
5 years 7 months ago #26890 by Kristine McCay Fears
Topic Author
Kathy Winfrey Chaney
5 years 7 months ago #26891 by Kathy Winfrey Chaney
There are two and only two ways out of a lease. Death and military. Period. And even death some properties charge the executor of the will the fees. I personally dont. Military transfer, they still are required to give 30 days notice. There is a 3rd way, and that's abuse/stalking with police reports.
5 years 7 months ago #26891 by Kathy Winfrey Chaney
Topic Author
Billie Lynn Piper
5 years 7 months ago #26892 by Billie Lynn Piper
My new company uses the early termination addendum, I've never used it we charged thru lease term. It's kind of confusing to me says they must give a 30 day notice, lease says 60, but they must pay for 2 months an then it doesn't specify the reletting. I been charging 2 months rent an the reletting.
5 years 7 months ago #26892 by Billie Lynn Piper
Topic Author
Amy Justus Katz
5 years 7 months ago #26893 by Amy Justus Katz
If they paid fees, they fulfilled terms
5 years 7 months ago #26893 by Amy Justus Katz
Topic Author
Gabrielle Christine Marchetti
5 years 7 months ago #26894 by Gabrielle Christine Marchetti
Replied by Gabrielle Christine Marchetti on topic If they pay a re-letting fee, is it still counted as a broken lease?
Ok O but my question is, if someone was ASKED to leave by our lawyer. I am wondering if y’all charge the broken lease fee ??
5 years 7 months ago #26894 by Gabrielle Christine Marchetti
Topic Author
Anonymous
5 years 7 months ago #26895 by Anonymous
Buying out is a new deal.
5 years 7 months ago #26895 by Anonymous
Topic Author
Tobias JC Douglas
5 years 7 months ago #26896 by Tobias JC Douglas
It's all in the hands of the management and the decisions that they take however If the resident gets proper notice and is willing to cooperate and pay all reletting fees exedra then that should not be deemed as a broken lease The resident fully complied by meeting your needs and expectations and requirements and policies so therefore as a favor and return to themThey should have a clean rental history that way if they choose to come back they will or won't have problems renting in the future
5 years 7 months ago #26896 by Tobias JC Douglas
Topic Author
Jessica Gonzalez
5 years 7 months ago #26897 by Jessica Gonzalez
It just all depends on you or your super
Some are sticklers and by the book
Even if you're cold dead they will still stick to the rule and charge you these move out damages
Others will agree pay the reletting fee and move out by the end of that current month with the rent for that month already paid.
Document all of it in writing
I had a lady once that he husband fell flat on his face he had a heart attack
A week later he died
He was picked up
Funeral all that
But his wife could not bare to continue to stay in the unit. That was their first place they had just got married a month before
She left back to Mexico
I didnt charge her anything
I even had my boss give her the deposit back
She needed to be worth family. They were trying to have a baby so she was not working
That tenant had been there 6 years prior to me taking the property and another 7 with me
I knew them very well
It was a small community
138 units
It just all depends on who is running what.
5 years 7 months ago #26897 by Jessica Gonzalez
Topic Author
Anne Sadovsky
5 years 7 months ago #26898 by Anne Sadovsky
it all depends on your lease and company policy. Be consistent in enforcing it.
5 years 7 months ago #26898 by Anne Sadovsky
Topic Author
Terry Pineault
5 years 7 months ago #26899 by Terry Pineault
We don’t because the lease break fee is in place of the original lease
5 years 7 months ago #26899 by Terry Pineault
Topic Author
Steve Matre
5 years 7 months ago #26900 by Steve Matre
Technically, yes, it's a lease agreement that was not completed to the end, BUT I am not sure what "counts as broken lease" means - it's terrific to offer options (and sometimes required by law), does your company measure? If they paid the fee and you were able to get a new household in timely, more power to you. Many happy customers.
5 years 7 months ago #26900 by Steve Matre
Topic Author
Christina M. Miranda
5 years 7 months ago #26901 by Christina M. Miranda
Depends on your lease break policy. I’ve had multiple but usually consist of a minimum of a 30 day notice, a termination fee (can be a set rate ie 1500.00 fixed) or 2 months equal to rental rate, they are still charged for any damages and cleaning fees and cannot use the deposit toward the term fee. If they comply with the term fee and proper notice it is considered a completed lease as they fulfilled the buyout policy. If proper notice isn’t given or fee not paid at time of notice then it’s considered a lease break violation and they would be charged accordingly.
5 years 7 months ago #26901 by Christina M. Miranda
Topic Author
Anonymous
5 years 7 months ago #27117 by Anonymous
If the lease contains such an option, I would consider that fulfilling the terms of the lease - not a broken lease.
5 years 7 months ago #27117 by Anonymous