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Ask Barrister Your Own Question
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 36638
Experience:  16 years real estate, Realtor. Landlord 26 years
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Vacating our lease with 5 month remaining. We are 7 months

Customer Question

Vacating our lease with 5 month remaining. We are 7 months in of our 2nd year. Gave 90+ days email/verbal and 60+ days written agreement to vacate. Don't think they are making a reasonable effort to rent the house. Only marketing it as a 5 month lease when for the last 15+ years it has been a rental by the original owners. Not sure if he wants to sell or not, won't make up his mind and is only offering it as a 5 moth rental. Don't think this is a "reasonable" effort.. This house could rent for a year or sell easy in 30 days. Bay area, Ca
What is reasonable?
We see 3 options;
1. Try and Lease for the remaining 5 months
2. Try and Lease for another annual lease
3. Put the house on the market
#1 seems to be the least reasonable and has the lowest opportunity to limit or financial risk.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.


Honestly, the landlord only has to try and rent it for the remaining term of your tenancy so as to be acting in good faith in trying to re-rent so as to be able to hold you liable for any lost rent. They aren't under any obligation to rent it for a longer period of time, although that would definitely make sense unless it is in a college area and they wanted to stick to a set yearly schedule.. And they aren't under any obligation at all to try to sell the property and take it off the market entirely.


But the landlord doesn't have to do anything at all until a tenant actually breaches the lease and vacates. So if you are still there and haven't surrendered possession yet, then they don't have a legal obligation to do anything at this point from the perspective of advertising. Their duty only kicks in once you have breached the lease and they begin to incur damages. So if you are still there and the landlord is actually advertising it, he is legally doing more than he has to at this point...





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