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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 53949
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I am co-signer daughter who lives in Berwyn, Il. I am a

Customer Question

I am co-signer for my daughter who lives in Berwyn, Il. I am a resident of Nevada. She can no longer afford the rent and wants to terminate her lease prior to it's termination. Will a 30 day notice serve to do this? Will she/I be responsible for the entire lease time?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.

Hi there. My name is ***** ***** I look forward to helping you this evening.

She will be in default under the lease so a 30 day written notice would not relieve her of further obligation necessarily, BUT, she will definitely not be liable for the entire lease time because the landlord has a legal duty to mitigate. What that means is that even if you may not have the right to terminate your lease, once you notify the landlord you are terminating, the landlord has a legal affirmative duty to mitigate the damages by using reasonable efforts to re-lease the property. Once the property is re-leased, or if the landlord does not use reasonable efforts to re-lease, you would then be off the hook for further obligation. Given the current positive lease market, it is unlikely a judge is going to rule a landlord has satisfied the burden of using reasonable efforts to mitigate if the property is not re-leased within at least 2 months....so it's unlikely that a court would hold you and your daughter responsible beyond 60 days.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you only a 30 day notice would suffice, but, I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). I thank you in advance for taking the time to provide me a positive rating!

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