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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 34728
Experience:  Attorney over 16 years, landlord 26 years
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I gave a 60 day notice and broke my lease due to a home

Customer Question

I gave a 60 day notice and broke my lease due to a home purchase. Although tge landlord gas a lease with me until September 2016 they are not trying to advertise tge property for rent. Under tge Virginia code they are suppose to advertise. They told me I could not find a renter either and I am a real estate agent too?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.

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.

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I have read you comments, but I am not sure what your legal question is that I can help with tonight?

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Do you have proof that the landlord is not advertising the property for rent?

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thanks

Barrister

Customer: replied 1 year ago.
I am a realtor too and when I asked if I could advertise with my broker firm they said no they refused to do the move out inspection too. Also what is a security deposit used for?
Customer: replied 1 year ago.
They also told me I had to keep the utilities on
Expert:  barristerinky replied 1 year ago.

Ok, so do you have proof that the landlord is not advertising the property for rent?

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Are you still paying them the rent monthly?

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thanks

Barrister

Customer: replied 1 year ago.
no
Expert:  barristerinky replied 1 year ago.

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..

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

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