Ask a Landlord-Tenant Question, Get an Answer ASAP!
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.
I have read you comments, but I am not sure what your legal question is that I can help with tonight?
Do you have proof that the landlord is not advertising the property for rent?
Ok, so do you have proof that the landlord is not advertising the property for rent?
Are you still paying them the rent monthly?
Ok, then you are correct that the landlord has a legal duty to mitigate his damages by advertising the property as normal and attempting to secure a new tenant. If he has failed to do so, then you can claim that he is acting in bad faith and is in breach of his legal obligation to mitigate his damages. If this got to court and you can prove that he isn't trying to re-rent, the judge can rule that his bad faith will cut off his damages and that you aren't legally liable for any rent after you moved out..
As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...