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P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 32789
Experience:  12+ yrs. of experience including real estate law.
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I had renewed my Lease September 30th 2015 following lease

Customer Question

I had renewed my Lease September 30th 2015 for the following lease dates December 1, 2015 - November 30, 2016. Unfortunately, in October, my mother had a stroke and would need to move from Atlanta to MA. In November 2015 I let them know that my situation has changed as she needs to move in with me. She had special needs that they couldn't accomodate. There was no handicap parking, there were stairs for her to climb and she needed a stand up/walk in shower which the unit did not have. As a result, I had to put in a notice. With that said, they say that I am responsible for my lease for the entire term unless I pay them a $350 lease break fee and if they lease out my apartment to someone else. Thy took my money and I have been following up with them regularly to see if they have leased out my apartment. I have been now paying 2 rents since I moved out in February as they "try to lease my unit". Mid March they called me to let me know that they have a signed lease for April 1st for the unit I lived in. On Friday, April 1st. They called me to let me know that the couple have backed out and that I am now responsible for the lease again. Is that right? I have a hard time imagining that I am still responsible to pay for April when they had someone else sign a lease promising and obligating them to the unit. I need advice on this before I fork over more money on rent for a place I am no longer living. It just doesn't seem right. That would mean every time someone signed a lease committing themselves to the unit and they back out (weeks later, not days later), they call me back going, oh whoops, nevermind you are on the hook again. Thoughts? I am happy to provide the lease.
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  P. Simmons replied 6 months ago.
Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. I am here to help
Also, if you would like to chat on the phone, let me know and I can make that happen.
Expert:  P. Simmons replied 6 months ago.
I am sorry for this dilemma. When a tenant breaks the terms of a lease, the landlord has a responsibility to "mitigate" damages...the landlord must truly and rent out the property and, if they do? The money they get from the new tenants will offset money owed by the original tenant (the one who broke the lease).So if you broke the lease? The landlord had a duty to find a new tenant to mitigate the seems they did this...for a time. But if that tenant moves out? They can look back to you to recover any mone owed for the remainder of the lease.
Expert:  P. Simmons replied 6 months ago.
THey have to continue to try and rent this place out...and if they get a new tenant? That will again reduce the money you owe on the lease.
Expert:  P. Simmons replied 6 months ago.
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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