What can a landlord charge in early termination fees?

[LauraInDelaware]

What is the name of your state (only U.S. law)? Delaware
In May, I gave my 60 day notice to my landlord that I'd be terminating my lease at the end of July. My lease held me accountable until the end of December.
In July, while getting my finances in order for my move, I contacted the management office (by phone) to find out if the apartment had been re-leased yet. I was informed that yes, there was a new tenant slated to move in on August 11 and that I'd be responsible for a prorated amount between August 1 and 10 (about $300). This week I got a letter at my new address stating that I owed $1698 for pre-termination fees, $829 of which were covered by my security deposit and that I am to send a check immediately for the remaining $869.
I responded by saying no, that must be incorrect, as the apartment has a new tenant and we all know that "double dipping" is not allowed. The collections manager told me that the employee who gave me that information was both incorrect and no longer employed by the company.
What am I to do? Do they have any responsibility for letting me go for over a month thinking that I'd get most of my deposit back, and then sending me a bill for $869? I visited the apartment today and it does indeed seem to be unoccupied.
Thanks for any insight.

 

[JETX]

What am I to do?

You can do any of several things... some are:
1) Knock on the door of your old apartment and ask the tenants when they moved in.... then get them to sign a document to that effect, or
2) File a subpoena duces tecum on the property management asking for a copy of ALL leases on that unit for the past two (or three) tenants, including their move-out records, maintenance records, etc.

Do they have any responsibility for letting me go for over a month thinking that I'd get most of my deposit back, and then sending me a bill for $869?

No.

Did the landlord comply with the following (from Delaware Code):
Within 20 days after the termination or expiration of any rental agreement, the landlord shall provide the tenant with an itemized list of damages to the premises and the estimated costs of repair for each and shall tender payment for the difference between
the security deposit and such costs of repair of damage to the premises. Failure to do so shall constitute an acknowledgment by the landlord that no payment for damages is due. Tenant's acceptance of a payment submitted with an itemized list of damages shall constitute agreement on the damages as specified by the landlord, unless the tenant, within 10 days of the tenant's receipt of such tender of payment, objects in writing to the amount withheld by the landlord.

I visited the apartment today and it does indeed seem to be unoccupied.

Doesn't look good....

 

[LauraInDelaware]

Thanks JETX. I did go knock on the door today and no one answered. I don't think it's occupied.
I did get an itemized summary today and what I can't figure out is this: I'm being charged $1698, which is equivalent to two months rent. If the apartment is not re-leased yet, why two months and not the 5 months they could charge on the remainder of the lease? Should I just pay it and be glad they didn't charge me for the rest of the lease?

 

[LauraInDelaware]

I just thought of one more thing...
If another occupant moves in before or during September, am I entitled to recoup what I paid that month?

 

[ecmst12]

They can't charge you for months that haven't happened yet. Once the new tenant is found, they will send you a bill for the total rent you will owe.

 

[JETX]

I'm being charged $1698, which is equivalent to two months rent. If the apartment is not re-leased yet, why two months and not the 5 months they could charge on the remainder of the lease?

Of course, no one can guess why they are charging you for two months.... unless your lease provides that for that as an 'early termination fee'. Ask them.

As for the 'why not 5 months'.... because they haven't been 'damaged' for the full 5 months. They can only charge you for their actual damages.

Should I just pay it and be glad they didn't charge me for the rest of the lease?

Based on your post, no. I would suggest NOT paying them until you KNOW what their actual damages are.

 

[LauraInDelaware]

They can't charge you for months that haven't happened yet. Once the new tenant is found, they will send you a bill for the total rent you will owe.

That makes sense to me. But what they've already sent is a "security deposit summary" which details the charges as "pre-termination fees per lease agreement". But I've read through every word of my lease at least twice and the only thing is cites is DE code directly. The law is that they can only charge me the lesser of either a) the entire balance of my rent, or b) rent until a new tenant starts paying, plus damages for advertising, etc.
What's got me worried is the fierceness of this letter: "Unpaid balances will be forwarded to Collection Service withing 35 days from the date of this letter" and "Payment must be received within 10 days to avoid further collection".

I would suggest paying them until you KNOW what their actual damages are.

So the big question I guess, is this. Is my credit and sanity safe from a collection agency if I choose not to pay until a new tenant moves in? I don't want to be taken advantage of, but I also don't want a big red X on my credit report.

 

[MIRAKALES]

The LL can charge for lost rent until lease expiration (or until new lease agreement signed with new tenant), re-advertising costs, real estate brokerage fees, early termination fees (if specified in the original lease), etc. The early termination fees would be in addition to standard security deposit deductions for damages, cleaning, and repair.

The Security Deposit Settlement Statement should be issued within twenty (20) days of lease expiration or lease termination and move-out, in accordance with Delaware (DE) law. Tenant has returned possession of the premises to the LL and is only responsible for the monthly rent until lease expiration (or new lease agreement and new tenancy). Tenant is not responsible for premise conditions or damages caused after move-out.

 

[LauraInDelaware]

There are no damages listed for repair, cleaning, etc.
So it wouldn't be appropriate for them to send this bill until a new tenant moves in or the lease expires? Or am I supposed to just keep paying rent on a monthly basis until someone moves in?
I really appreciate everyone's input.

 

[Gail in Georgia]

Yes; you would be responsible for the remaining months on your lease, until a new renter is in place (or, of course, the lease concludes).

Gail