Landlord Question and Answer Forum

Have a question, my tenant was going to move, she had signed a lease with someone else, and she did give part of the security deposit, she then changed her mind and decided to stay where she was, she told the other landlord that she changed her mind on moving, of course he was not happy about this. This landlord still had 3 weeks to find someone else before his old tenant would be moved out....anyway, they did come to a verbal agreement that if he found some else to move in he would give her her money back. Well he did find some one else to move in, she she just rec'd a check in the mail yesterday for 22.00 with a letter saying that he charged her 250.00 for drawing up the lease, and then he also charged for cleaning the apartment and also charged her $20.00 because he rented it out for 20.00 lower then what he was going to charge her....now my questions is, can he do that? I understand that yes she signed the lease but come one can he really charge her for him having to clean the apt when she didn't live there at all, and can he charge her 250.00 to draw up the lease?

Kelly, Most of what you describe the landlord reportedly charging for is illegal in most states. In most states, even if a tenant moves in and breaks the lease, the landlord is required to 'mitigate' the losses by re-renting as quickly as possible. In this case he had plenty of time to find a new renter, and the tenant (your tenant) never moved in so what would the cleaning fee be for? She should immediately report him to the professional board if he is a realtor or licensed property manager. If not, he should be reported to the BBB, send him a certified letter requesting all of her monies be returned and the reason why including dates of anticipated move in and the date she notified him of her change of mind. The BBB will attempt to help her resolve this and it may be enough. If it is not, she should definitely pursue him in court.

Posted by Karen C, MD on Saturday, August 31, 2013