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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 in apartment where my lease ends in July. However, the

Customer Question

I am in apartment where my lease ends in July. However, the landlord sends new leases in March that you need to sign for next year. I plan to move out by July 1st. I'd like to move sooner (a couple of months) before lease is up. Can I do this? I know I will have to pay the rent up to the lease date. I live in Brookline, MA
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Richard replied 11 months ago.

Good morning. My name is ***** ***** I look forward to helping you.

You have absolutely no obligation to sign this new lease in March or any time. If you don't sign it, you simply become a month to month tenant once the lease term if over. You can move any time you want and you may or may not be liable for the rent through the lease termination date because of the landlord's 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, the sooner you give the landlord notice, the sooner the landlord has a duty to begin trying to re-lease the property.

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!

Customer: replied 11 months ago.
I have just one more question. I am in the process of looking for apartments and one place I am going to look will contact my landlord as a reference. He will then know I am looking. As long as I just say, I am keeping my options open, he can't evict me? Is that right?
Expert:  Richard replied 11 months ago.

That is correct. You can't be evicted without the landlord giving you a 30 day notice of termination and then going through the formal eviction process which can take several months.

Expert:  Richard replied 11 months ago.

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). Otherwise, I receive no credit for assisting you. I thank you in advance for taking the time to provide me a positive rating!

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