My property manager is not doing anything that works in my favor with tenants. What is a “reasonable amount” to charge a tenant for breaking a lease?
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What’s reasonable to charge a tenant for breaking a lease comes down to what’s in the agreement.
A tenant’s liability is capped by the terms of the lease agreement. For instance, if your lease agreement includes a lease break provision with a fixed fee—such as two months’ rent—that fee is the limit. Without a fixed fee provision, the “reasonable amount” comes down to actual damages. In other words, what are the costs associated with the tenant breaking the lease? How much would it take to restore you to the status quo?
Colorado law requires you to undertake reasonable measures to mitigate the financial impact on you and the property. In most cases, this means finding a new occupant for the space.
Additionally, you should be aware that landlords can only keep a tenant’s security deposit after a lease break if they owe money for rent, utilities, and repair costs from damages that exceed normal wear and tear. However, depending on the provisions in your lease, there may be other charges that could be lawful under C.R.S. 38-12-103.
It sounds as if your property manager is putting you in a tough spot. Colorado landlord-tenant law has undergone significant changes recently. Our attorneys are well-equipped to help you navigate these disruptions and ensure your actions are compliant. I encourage you to book a consultation with one of our Eviction & Landlord team members so we can further assist you with this matter.
