Is an apartment complex allow to charge 2 tenants rent for the same apartment?
Question Details: I had to break my apartment leasing agreement earlier than the end date and the termination agreement I signed with the complex stated that I have to provide a60 day notice period which I did and pay an additional termination fee of 2 months rent if the apartment is not re-rented out. Now, I'm being told that while the apartment has been re-rented to another tenant who has signed a new lease, I will also have to pay the termination fees which covers 2 months rent after I move out. Essentially, the apartment complex will be double charging rent to 2 people for the same apartment. Is this allowed per NC real estate or relevant laws?
If the agreement stated that you only had to pay the 2 months rent if the unit was not re-rented but it was re-rented, then in that case, the complex cannot charge you the money: they are bound to the agreement, which you indicate states you'd only have to pay if not re-rented. Since they are violating the agreement, you could sue them for "breach of contract" to recover your two months payment, such as in small claims court. Contracts are enforced according to their plain language (what they obviously say) by the courts.