I was recently relocated by work and therefore had to break my lease prior to the terms. Before signing my lease on 4/1/09, I explained to the leasing manager that I would be relocated at some point during the next year, but I couldn't say exactly when. I asked if I could do a month to month lease and the leasing manager said no, but reassured me that "it will not be an issue, we've handled this type of thing before, don't worry about it, we'll get it re-rented". Like a fool, I went ahead and signed it and went on my way.
I found out in early June that I was being relocated and promptly called the leasing manager, explaining I would be vacating my apartment effective 8/11/09. She said they need something in writing and a $350 lease-breaking fee. I typed up my letter and handed it in with July's rent. In the letter, I detailed that I would pay the $350 lease-breaking fee with August's rent (the reason being that my company was going to reimburse me for this fee as well as the remainder of August in which I did not occupy the apartment, but nothing more. I suppose they just wanted to reimburse both fees together). I also specified to please contact me with any questions/concerns regarding the matter.
Over the month of July, I heard nothing so I finally called toward the end of the month and asked if they'd found any potential tenants. The leasing manager was clueless as to what I was talking about, then said they never received a letter. I explained I'd handed it in with July's rent and then they told me they couldn't have done anything anyway since they had not yet received the $350. I told them that's why I specified to please contact me with any questions/concerns regarding the matter in my initial letter. I was upset as it was never explained that the lack of the $350 precluded them from taking any action. I then gave another letter with August's rent, along with the $350 and got a signed receipt so they couldn't pull that one again.
I asked what the lease-breaking fee was for since it didn't actually break my lease. They said it was actually an "administrative fee associated with the time/effort and paperwork required to re-rent my apartment prior to original terms".
With September fast approaching, they have yet to re-rent my apartment. I found out today that they have in fact re-rented "7 or more" 2-bedroom apartments since I vacated and that there are still 2 more 2-bedroom apartments ahead of mine (this was disclosed by the leasing manager after a rather heated argument). She then explained that there was a queue for re-rentals and that they had to re-rent any apartments that were vacant prior to mine first. I asked if this meant vacancies due to lease-breaking or any vacant apartments and she said any vacant apartment.
My gripe is that I've paid them a fee to re-rent my apartment, I notified them at the end of June but they "lost my letter", I was reassured prior to signing that this would not be an issue and they're sitting there renting out vacant apartments with no prior lease agreements tied to them. From a business stand point, what incentive do they have to re-rent my apartment when they know they can still collect (and they've even received an additional $350) and rent out apartments for which they aren't currently collecting anything. Sorry for the long-winded explanation, but I'm a wit's end and wanted to know if I have any legal recourse here.
Thank you for reading.