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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 34872
Experience:  Attorney over 16 years, landlord 26 years
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I signed a rent lease last year with a property company that

Customer Question

I signed a rent lease last year with a property company that offers the option of terminating the lease with a 60 day notice for job transfer greater than 30 miles (it is not written in the contract but is in their pledge on their website). A month ago, the building was sold to another company. Should the new owner honor the option since I signed the contract based on that pledge and now I am offered a new position which is in another state. Thanks.
Submitted: 10 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 10 months 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..Should the new owner honor the option since I signed the contract based on that pledge and now I am offered a new position which is in another state. .This is going to depend on whether they are still offering that option on the company's website. If they don't offer it now since ownership has changed, then it wouldn't be enforceable because the written lease contract controls the relationship. That offer would have been a gratuitous promise unsupported by any consideration. If the written lease states you can cancel, then you can do so, if not, then you would be forced to break the lease contract if you moved..This would trigger the landlord's duty to mitigate his damages and try to re-rent as soon as possible. He could then only charge you for any lost rent. So if it took him a month or two to find a new tenant after you breached, that is all he could charge you for. This is assuming that he actually attempted to track you down and file a suit to collect, which may be unlikely if he doesn't know where you are...thanksBarrister

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