How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Roger Your Own Question

Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 26008
Experience:  Litigation Attorney
Type Your Legal Question Here...
Roger is online now
A new question is answered every 9 seconds

Hello, I signed a 2 year lease on a property in San Diego November

Resolved Question:

Hello, I signed a 2 year lease on a property in San Diego November 2009 with 2 other partners. We each signed separate leases as we were sharing in the responsibility of the lease. In January of this year, there was a death in my family that prompted me to move closer to my family in Atlanta, Georgia. The leasing company was fine with rewriting lease for the remaining two partners to take responsibility of lease. One of the partners would not agree to this so I stayed on. However, they found someone to sublease my office as he refused to sign the lease in my place. He has now given 30 day notice and I'm being called to pay 1/3rd of the rent August 1st. I just don't have it, as the move wiped me out and I have nothing. What are the repurcussions to my credit? And are there any laws that allow you to get out of a lease like this under these conditions?
Submitted: 4 years ago.
Category: Legal
Expert:  Roger replied 4 years ago.

You're stuck with the lease - there are no laws that allow you to get out because of a death in the family, etc.

 

If you can't pay, the landlord has the right to put a note on your credit that you've breached the lease. Also, the landlord can sue you for the amount of rent you're due.

 

However, your landlord is required to find someone to take up your lease. You should try to work with the landlord to find a replacement. If you are cooperative with the landlord, it will help you and also may keep him from filing anything on your credit.

Customer: replied 4 years ago.
thank you for replying. What do you mean by "your landlord is REQUIRED to find someone to take up your lease?" how are they required and is there a source I could site to this fact? By the way, this is an office lease not a residential.
Expert:  Roger replied 4 years ago.

When a landlord has a tenant move out, he/she must mitigate his or her damages by finding a replacement tenant.

 

The landlord cannot simply wait until the end of your lease and then seek the entire amount from you.

 

You can google mitigation of damages by landlord and find several resources out there.

Roger, Attorney
Category: Legal
Satisfied Customers: 26008
Experience: Litigation Attorney
Roger and 4 other Legal Specialists are ready to help you
Customer: replied 4 years ago.
Thank you for your help.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.