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  1. #1
    Join Date
    Jan 2011
    Posts
    11

    Default Do You Have to Repay Concessions if You Break Your Lease


    My question involves landlord-tenant law in the State of: South Carolina

    I broke the lease on my apartment and gave 60 days notice. On the day I was suppose to move out, I dropped the keys, final payment and a letter with my forwarding address in the drop box. I emailed the next day to make sure that everything was received and they responded with they had.

    I knew I was going to be hit with a 1 month re-letting fee, a set of blinds were broken and a couple of other issues. From my calculations, I would pretty much break even or owe very little, I was just happy to be out of this complex. 2 months went by and I did not hear anything, I was not worried and just figured, I broken even and was done.

    6 months after I moved out, I received a letter from a collection agency stating that I owed over $700 for concession re-payments for breaking my lease. I asked them to send me everything they had for the file and received the email. I looked at the final account statement and I saw this concession re-payment charge. I looked through the lease and there is nothing stating that a concession re-payment will be required if the lease is terminated early. I also do not see anywhere in the lease that would show I received any concessions.

    The lease does state:

    Early Move out- You'll be liable to us for a reletting charge of $815 (not to exceed 100% of the highest monthly rent during the lease term) if you:
    -- Fail to give written move out notice as required in paragraph 22 or 36
    --Move out without paying rent in full for the entire lease term or renewal persion
    --Move out at our demand because of your default; or
    --Are judically evicted

    I have read through it all and there is nothing that states I would also owe for concessions. I would think that those concessions would need to be outlined in the lease.

    They have already placed this on my credit report before I could even respond or dispute the debt. I am in the process of trying to get this removed, but any advice would be appreciated.

    I know you cannot see the lease, but I will answer any questions.

    Thank you for your time

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Do You Have to Repay Concessions if You Break Your Lease

    Whether or not you will have to repay the concessions is a matter of contract. As we have no access to the marketing information about the concessions, any documents you signed relating to the concessions, your lease, or any other relevant information, we cannot tell you whether or not you agreed to pay them back.

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