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WALLSTREETFIGHTER
WALLSTREETFIGHTER, Attorney
Category: Legal
Satisfied Customers: 17080
Experience:  14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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I signed a Lease and i was unable to move in i told them a

Customer Question

I signed a Lease and i was unable to move in i told them a month before hand They now say i owe them 9000$ but they are not answering any of my questions. when talking to another lawyer he said i am only responsible for rent until another tenant has moved in i have my lease on hand they want to send it to collections im only 20 years old and i know that would destroy my credit Any advice? please and thank you
Submitted: 1 year ago.
Category: Legal
Expert:  WALLSTREETFIGHTER replied 1 year ago.

This is an unfortunate situation, however, if you gave them one months notice,

Expert:  WALLSTREETFIGHTER replied 1 year ago.

the landlord has a duty to try to rent the apartment as well, so if they try to sue you for more than one months rent, they have to prove they tried to mitigate their damages by trying to rent the apartment,

Expert:  WALLSTREETFIGHTER replied 1 year ago.

I would say you would lose one months rent in most cases, and at worst three, also your credit should not be hurt unless the landlord actually sues you and obtains a judgment.

Expert:  WALLSTREETFIGHTER replied 1 year ago.

good luck, and if satisfied with our service please provide us with positive feedback, thank you

Expert:  WALLSTREETFIGHTER replied 1 year ago.

"A plaintiff has a duty to mitigate damages and cannot recover losses it could have avoided through reasonable efforts." Thrifty-Tel, Inc. v. Bezenek (1996), 46 Cal. App. 4th 1559, 1568-1569.

"It has been the policy of the courts to promote the mitigation of damages. A plaintiff cannot be compensated for damages which he could have avoided by reasonable effort or expenditures." Green v. Smith (1968), 261 Cal. App. 2d 392, 396.

Expert:  WALLSTREETFIGHTER replied 1 year ago.

the above is CA case law on this issue.

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