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Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 102504
Experience:  Attorney
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I'm in a commercial lease ending in July 2018. I was having

Customer Question

I'm in a commercial lease ending in July 2018. I was having financial difficulties where I wasn't able to make lease payments on time. I spoke with the landlord, they were willing to let go of the lease if I paid the past due amount. In between that time I moved all equipment out of the building thinking that I would be able to pay, but due to medical issues I haven't been able to pay. How many months will I be held liable to pay rent after vacating the property. I vacated March 2016 and return the keys in April 2016. Due to illness I wasn't able to get the keys to them in March. I am in North Carolina. Either way, I've received noticed prior to moving out that if I wasn't able to pay within 10 days after the certified letter was sent that lock out procedures would be in place. Either way I would've been out of the building. Forced out or voluntarily.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am sorry to hear about this situation. If you breach the contract early, you are presumed to be liable for the full lease meaning up to the termination date of the contract. If the landlord re-rents the property before the termination date of your contract, then whatever money he is paid may be deducted from your liability. In other words, the Court should not allow "double-dipping."Finally, an affirmative defense which may be used but is subjective is mitigating loss. The landlord is expected to mitigate loss by reasonably attempting to re-rent the space at reasonable amount. If the landlord DOES NOT attempt to re-rent or does so without proper due diligence, then the affirmative defense of lack of their part to act to mitigate loss may be plead if they sue the ex-tenant. If so, then the Court at its discretion may take off some liability, but normally not all of it. Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!