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The reletting fee (not a "relenting fee") is a sum you pay to the landlord to cover the expenses incurred in reletting your apartment in the event you break your lease and move out before the end of the lease term. It should be reasonably related to the actual expenses incurred by your landlord in finding a replacement tenant (e.g, advertising costs, overhead, apartment personnel, etc.). The Texas Apartment Association ("TAA") seems to have chosen 85% of the monthly rental rent as the magic number. Regardless of whether this seems fair, it hasn't really been challenged in Texas courts.

Contrary to what some of the previous wikianswers to this question stated, the reletting fee is, by law, not a penalty. If you break a lease in Texas, landlords have a statutory duty to mitigate damages. This duty cannot be waived by contract, even if you agree to do so. Thus, charging a penalty is against the law. However, charging a fee to cover expenses in finding a replacement tenant is not. Keep in mind this is different than a liquidated damages agreement, whereby your landlord agrees to release you from your lease for a set fee. This is not considered a re-letting fee. Rather, it's an amount you've agreed is what your landlord is entitled to as damages for letting you out of your lease.

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16y ago

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