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legalgems
legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 7655
Experience:  Just Answer consultant at Self employed
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I recently signed a year lease at the apt that I have lived

Customer Question

I recently signed a year lease at the apt that I have lived in for 1 year. This was a lease renewal. Effective August 1 (next mo). I want to move, Would it be better to give a notice or to move before the new lease starts? What will be my financial responsibility? Would moving before the lease goes into effect be in my best interest? I am moving for financial reasons
Submitted: 6 months ago.
Category: Landlord-Tenant
Expert:  legalgems replied 6 months ago.

Unfortunately a lease is a contract, so that if one party is in breach of that lease, they are liable to the other party for damages; this is the case even if the tenancy under that lease has not yet begun (on the theory that the landlord {LL} relied on the lease and did not secure an alternative tenant)

However, WI does require a LL to mitigate damages (some states do not but fortunately WI does). What this means is that the LL must make reasonable efforts to secure a tenant. Up until the LL finds a tenant, the prior tenant can be held liable for the rent payments due under the lease; the LL can also charge the tenant the cost of securing a new tenant (ie advertising costs).

Here is a sample letter advising of the early termination. The sooner notice is provided, the better, as that allows the LL more time to find a tenant, thereby reducing the tenant's potential liability.

Sometimes a LL will release the tenant from any obligation and that should be documented in writing. A sample agreement is here

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 5 months ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!