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Hi. I am renting a condo in arizona. I have 5 more months…

Customer Question
Hi. I am renting...
Hi. I am renting a condo in arizona. I have 5 more months on my lease. This is my second year in this unit.

For personal reasons, I decided I could no longer live here. It has to do with neighbors who are making my life very unpleasant. Accordingly, I wrote to my landlord giving him two months notice of my intention to vacate and offered him my rather large security deposit as "damages". I also offered to vacate sooner if he found a new tenant sooner. This was a month ago. I heard nothing from him, so assumed he was in agreement but was too annoyed to respond. Yesterday, however, a full month after my notice he wrote back threatening to sue.

I understand that if he sues, I may be liable for rent for the remainder of the term of my lease, but it seems to me he should have taken some action to mitigate his damages when he received my notice. At the very least he should have responded to my notice. (he acknowledges having received my email when I sent it).

So my question is: if a landlord receives notice that a tenant plans to terminate a lease early, doesn't he have a duty to try and find a new tenant as soon as he receives notice? If he altogether fails to take action or even acknowledge the communication, how does that effect my liability for rent for the remainder of the term of the lease.

Thank you!
Submitted: 6 years ago.Category: Landlord-Tenant
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Answered in 7 minutes by:
3/4/2012
Lawyer: Ellen, Lawyer replied 6 years ago
Ellen
Ellen, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 36,715
Experience: 25 years of experience helping people like you.
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Welcome to JustAnswer,

I am the expert that will be assisting you today. Thank you for your question.

If my answer is not clear to you or does not fully answer your question, please ask me for clarification by using the reply button.

You are correct that the landlord has a duty to mitigate his damages that result from early termination of a lease. This means that the landlord must use reasonable efforts to relet the property. In the event he fails to use reasonable efforts to relet the property, a tenant would not be held liable for the balance of the lease.

It has been my pleasure to assist you.


Your satisfaction is very important to me.
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Customer reply replied 6 years ago
You are not answering my question or telling me anything I didn't already know and say above.

I guess I expected more than a mere recitation of basic law. If you are an experienced real estate attorney, you would have been of more assistance.
Lawyer: Ellen, Lawyer replied 6 years ago
I apologize that it appears to you that I am not directly answering your question. I have no way to know when you ask a question.

Here is your question "So my question is: if a landlord receives notice that a tenant plans to terminate a lease early, doesn't he have a duty to try and find a new tenant as soon as he receives notice? If he altogether fails to take action or even acknowledge the communication, how does that effect my liability for rent for the remainder of the term of the lease."

I believe that I directly answered both questions. However if you clarify what I have not answered, I will be happy to address it.
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