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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10220
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I am in my 8 month of a 25 month lease when I have been

Customer Question

I am in my 8 month of a 25 month lease when I have been diagnosed w/stage 3 breast cancer. I need to move in with family due to this and need to break my lease. I told my landlord in January giving them 4 month notice to have time to find a new tenant. I paid a 3k deposit and 3k on monthly rent. They offered an ETA OF keeping my 3k deposit and 3k ETA PENALTY total of 6k. and I have to reprint rooms to original color and leave all wall hangings on the wall. I have also put 2k of improvements of the home. To leave the tv months and other items on the wall will be an additional expense 500.
I am disappointed that yhey have not used the pass 4 months to advertise the home for rent so they would not lose any rent and the home would of been resented for there is very little inventory in Dublin, OH for a rental.
When and if they take me to court me when, that I have to pay the addition 6k for the ETA FOR IF I don't repaint and leave all the wall months I am in default of the ETA. WILL It most likely be found To their favor and I will be ordered to pay all the cost they are asking for. For they have told me courts to do not care of my health issues of having breast cancer.
Please give me your opinion and how I should respond for I do not have 6k cash to give them as they are wanting NOW and they declined when I offered to make payments.
Thank you
Mandy walsh ***@******.*** (###) ###-####
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 7 months ago.

Dear Customer,

I am sorry to learn of this situation.
It appears that your landlord is charging you an excessive amount in the proposed termination agreement.

If you were to simply leave, the landlord is entitled to damages as follows: (1) rent until the end of the lease term; or, (2) rent until the landlord finds a new tenant to take possession of the unit. (Whichever occurs first).

The landlord must make good faith efforts to find a new tenant (advertise the unit, and not reject reasonably qualified tenants). In most cases, this should not result in a vacancy of more than 2-3 months, but local rental markets can vary.


If you changed the unit (painted, etc.) the landlord is entitled to have the unit changed back (this is handled under regular security deposit/damages rules).

If you cannot reach a more mutually agreeable resolution with the landlord through direct negotiations, you may want to try using a mediator - often a third party neutral can help when two parties are at an impasse - you can get referrals from your local bar association.

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