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?
Hi my name is Patricia
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.
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.
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.
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.
So they can take as long as they want and we can't do anything about it?
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.
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.