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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10236
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I have an apartment with a one year lease. I moved out 4 months

Customer Question

I have an apartment with a one year lease. I moved out 4 months short of the term of the lease. I gave a 30 day notice but the landlord has made not attempt in the past 30-days to re-rent the premises. Can the landlord take me to court to fulfill the terms of the lease?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.
Yes, they can. You can assert as a defense that the landlord "failed to mitigate damages" and they are not entitled to the full 4 months of rent. The court is likely to award only part of the rental amount.This is usually a good case to go to mediation, if you want to try to find a resolution prior to your landlord filing suit against you, you can try to initiate mediation first.contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.