Real Estate Law
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Your daughter won't be liable for the remaining term of her lease even if she terminates it early. That's becausethe landlord has a legal duty to mitigate. What that means is that even if your daughter may not have the right to terminate her lease, once she notifies the landlord she is 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, your daughter 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 likely worst case for her is she is liable for the rent for 2 months from the date of her notice.
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