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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 23017
Experience:  14 years real estate, Realtor. Landlord 24+ years
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I moves into a rental mY 14 th. 2 weeks later the house next

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I moves into a rental mY 14 th. 2 weeks later the house next door cam e on the marketing. It is a fixer and i bought it with the idea that my Son world remodel it and i would stay in the rental for the year. Before we could even make the move my son was picked up and place in the half way house for an indefinite period. Because the loan is through the VA I now had to move in because no remodeling was to take place. I called my landlady and explained it to her and also told her that I had prospective renters (3) each anxious to move in per 1 August. She wanted nothing to do with them and told me I was responsible for the year. I called her 2 days later , appologized for the stress I caused and again explained the interest of the renters. She told me her lawyer told her not to talk with me any more and that I was held to the lease. A realtor friend told me that she must attempt to find a renter and that I had supplied them to her.

What can i do? Sould I continue paying, go to court or ignore her?
Thanks for your help.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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Is there anything in your lease that prohibits you from subleasing?
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Have you already terminated the lease and moved out?
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Thanks
Barrister
Customer: replied 1 year ago.
Yes sublease is not permitted. Also I am in the process of moving out . I informed her on 20 July.
Expert:  Barrister replied 1 year ago.
Ok, unfortunately, there is not any type of "hardship" escape clause in a lease unless it was specifically stated in the lease. If you are under a written lease for a set term, then if you break the lease, the landlord can potentially hold you liable for up to the entire remaining term of the lease. If your situation has changed, it would not give you legal grounds to get out of the lease without any repercussions.

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However, the landlord has a duty to mitigate her damages by attempting to re-rent the unit as soon as possible. Once she does so, she can only hold you liable for her actual damages in the form of any lost rent and advertising costs. So if it takes her 1 or 2 months to rent it again, she can only hold you liable for that lost rent plus any advertising costs. The law seeks to put the non-breaching party in the same position they would have been in but for the breach.

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So to minimize your potential liability, if you have to breach, make sure you leave the place as close to spotless as you can so the landlord can immediately put it on the market and hopefully rent it quickly.

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I would suggest not paying any more rent after you move out as that will "encourage" the landlord to put it back on the market and try to rent it quicker. Then if she pursues you for any lost rent, you would have to pay it as she will win if she sues you.

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I am sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers, even when an answer is not favorable to the customer.

 

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Thanks

Barrister

Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 23017
Experience: 14 years real estate, Realtor. Landlord 24+ years
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