Real Estate Law
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The real estate agent is lying to you and you should let her know you will be filing a formal complaint with the state board of real estate agents. 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 responsible for the security deposit and the application fee. At worst, you would only be held responsible for an additional month. The agent is only telling you this because these agents want their commission.
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