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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 54851
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I signed a one year lease on a home before moving in and see

Customer Question

Hi I signed a one year lease on a home before moving in and see it. Today I saw the house and did not like and my father is 80 years old cannot take the stairs two story . The real state agent said I am responsible for the one year and penalties. I told her if she can cancel it and just take the deposit and application fees which is 2180 dollars. What can I do . The first payment is on September 3rd
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Richard replied 8 months ago.

Hi. My name is ***** ***** I will be helping you today! It will take me just a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 8 months ago.

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 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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