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I''m in an apartment and my husband got moved 45 miles away to his new position. We want to break our lease with our current place. The thing is if I wasn''t handicapped and didn''t need to be within 10 mins of driving from him we wouldn''t be breaking our lease. The complex isn''t even WILLING to cut us a break or even do payments. Is there anything legally I can do to force them to at least work with us?

Submitted: 479 days and 14 hours ago.
Category: Real Estate Law
Value: $15
Status: AWAITING CUSTOMER ACTION
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westminster, Colorado

Answer

Dear XXXXXXXX:

Thank you for your question.

If the lease agreement that you entered into does not allow for early termination for this reason, then you may be bound to terms of the contract. Failure to abide by the terms of the lease may result in your landlord being able to sue you for his damages. However, your landlord is responsible for mitigating his damages. This means that he has an obligation to try to re-rent your place. In the event the place is rented, then you would only be on the hook for rent from the time the lease was breached until a new tenant moved into the property.

Please let me know if you have any other questions, or require clarification of this matter. Otherwise please hit "ACCEPT", so I may receive credit for my response. Tips and feedback are also appreciated.

Good Luck!

-KAT

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Expert: LawGirl
Pos. Feedback: 100.0 %
Accepts: 
Answered: 7/31/2008

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