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IF I MOVE FROM PHOENIX TO YUMA AZ. 225 MILES AWAY CAN I WALK…

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IF I MOVE FROM PHOENIX...
IF I MOVE FROM PHOENIX TO YUMA AZ. 225 MILES AWAY CAN I WALK AWAY FROM MY LEASE
Submitted: 6 years ago.Category: Landlord-Tenant
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Answered in 2 minutes by:
2/21/2012
Lawyer: insearchoftheanswer, Lawyer replied 6 years ago
insearchoftheanswer
Category: Landlord-Tenant
Satisfied Customers: 56,743
Experience: Lawyer; developer/owner of RE developments.
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Good morning. Although moving does not give you the right to terminate your lease agreement, once you have notified the landlord you are terminating, the landlord has a duty to mitigate your damages...meaning he must use reasonable efforts to re-let the property. Once the property is re-let, or if the landlord does not use reasonable efforts to re-let, you are off the hook for further obligation. Given the 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-let within at least 2 months....so it's unlikely you will have liability in excess of two months.

 

 

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Please be aware that the information provided here is not legal advice. Rather it is simply general information. All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

 

 

insearchoftheanswer
Category: Landlord-Tenant
Satisfied Customers: 56,743
Experience: Lawyer; developer/owner of RE developments.
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Customer reply replied 6 years ago
IF I AM ALLOWED ANOTHER QUESTION, WHAT IF I SENT A DEPOSIT AND FIRST MONTH RENT ALONG WITH THE LEASE AGREEMENT AND OWNER WROTE ALL KINDS OF NEW RESTRICTIONS AFTER I SIGNED. THEN SENT IT BACK 3 WEEKS LATER?
Lawyer: insearchoftheanswer, Lawyer replied 6 years ago

Thanks for the clarification. In that instance, you basically have no written lease agreement. When your landlord returned a lease agreement with unilateral changes which you never signed off on or initialed, then this would be deemed a counteroffer and a rejection of your original lease offer. Thus, you are only a month to month tenant and can terminate that tenancy by giving the landlord written notice of at least 30 days.

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insearchoftheanswer, Lawyer
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Experience: Lawyer; developer/owner of RE developments.

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