• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Liquidated damages, breaking apartment lease

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

greg88

Junior Member
What is the name of your state (only U.S. law)? Arkansas

I am about to break a 1 year lease agreement with an apartment management company. The contract specifies that 3 months rent shall be paid in the form of liquidated damages if I leave before the lease is up. I have 30 days to pay before a collection agency is involved.

I renewed the lease several months ago. Should liquidated damages have been reevaluated at that time?
 


greg88

Junior Member
Here is the specific text regarding liquidated damages:

Owner and Resident agree that, in such event Owner shall be entitled to recover as liquidated damages an amount equal to one-half of the rent calculated from the first day of the month following the date on which Resident vacates the apartment through the end of the lease term, but in no event shall the amount of liquidated damages exceed an amount equal to three months periodic rent as provided in the lease. Owner and Resident agree that the amount of liquidated damages is in reasonable proportion to the damages the parties parties contemplate will be incurred by Owner should REsident fail to perform this lease. The agreed liquidated damages are specifically intended to be reasonable compensation for unpaid rent for the remainder of the lease term, and any extensions thereof, and do not include damages for unpaid rent or late charges which accrue during any month in which Resident occupied the apartment.....
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top