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, Lawyer
Category: Real Estate Law
Satisfied Customers: 26556
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
6704987
Type Your Real Estate Law Question Here...
Roger is online now
A new question is answered every 9 seconds

We gave the required notice and agreed to pay the advertising

Resolved Question:

We gave the required notice and agreed to pay the advertising fees and are out of the house but 30 days later the house still isn't on the market, the management company won't answer or return our calls. When are they obligated to put the house for rent?
peg
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

Kirk Adams : Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney. Thanks for requesting me! I'll be glad to assist.
Kirk Adams : Just to be sure I understand correctly, are you the tenant that has moved out of the property and you're waiting on the landlord to put the house up for rent again?
Customer:

Hi my name is Patricia

Customer:

Yes

Kirk Adams : Ok. Thanks. I just wanted to be sure I was on the same page with you.
Kirk Adams : The landlord has a duty to mitigate your and its damages by re-renting the property as soon as possible.
Kirk Adams : This should be done to minimize the obligation to you. If the landlord rents the property to a new tenant before your lease is up, the landlord would owe you your money back.
Customer:

What can we do to get them moving on this? We are breaking the lease.

Kirk Adams : The best thing you can do is send a letter to the landlord and tell them that you're out of the property and that it can be listed for rent immediately. You can also state that the landlord has a duty to mitigate your and its damages by re-renting the property as soon as possible.
Kirk Adams : Hopefully, that will motivate the landlord to move on this and allow you to recover the unused portion of your rent.
Kirk Adams : The landlord may claim that it's entitled to its 60 day period before taking action, but if you're out, there is NO reason that they should delay in listing the property.
Customer:

If they don't put it for rent, what recourse do we have? We just bought a house and cannot make 2 house payments.

Kirk Adams : The only thing you could do is file a lawsuit in small claims court for failure to mitigate damages by re-renting the property as soon as it could, and seek the return of your rent for the second month.
Kirk Adams : The problem is that the landlord can say that it had to do work, make repairs, etc. to get the property ready, that it was waiting on the listing company, etc. and that's why it didn't re-rent the space sooner. Thus, it would be a defensible claim for the landlord, but if they can support their defense with evidence, you may have traction.
Customer:

We are required to pay rent until it's re-rented. Is that legal if they won't put it for rent?

Kirk Adams : It is if they're intentionally delaying the process.
Kirk Adams : That's what your claim would be for - - that the lender didn't mitigate it's damages by renting the property as soon as it could.
Customer:

So they can take as long as they want and we can't do anything about it?

Customer:

Go to court is the best way to get them to act?

Kirk Adams : No, they can't take as long as they want, but the only way to call them on it is to sue and claim that they aren't mitigating their losses/damages.
Kirk Adams : That's really the ONLY way if you can't get them to do this voluntarily.
Customer:

Ok thank you,

Kirk Adams : Sure. Glad to help.
Kirk Adams : Please let me know if you need anything further, and THANK YOU for allowing me to assist you.
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 26556
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 14 other Real Estate Law Specialists are ready to help you

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
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    6227
    20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    4966
    13 years real estate, Realtor. Landlord 24+ years
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    4446
    I've more than 27 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg Ray's Avatar

    Ray

    Lawyer

    Satisfied Customers:

    4030
    Texas Attorney for 29 years dealing in real estate
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    2377
    12+ yrs. of experience including real estate law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    2355
    B.A.; M.B.A.; J.D.