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My son's vehicle got broken into. He just moved in a week…

Customer Question
My son's vehicle got...

My son's vehicle got broken into. He just moved in a week ago. How can he break his lease? Doesn't feel safe here.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Colorado

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

I will have to check. With him. He went to work.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Something about paying 1500 for break of lease. Hard to understand the way it's worded.

Submitted: 7 months ago.Category: Landlord-Tenant
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Answered in 9 minutes by:
11/28/2017
Lawyer: barristerinky, Attorney replied 7 months ago
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 42,505
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Unfortunately, the landlord isn't liable for the criminal actions of a 3rd party. He only has a legal duty to provide a habitable dwelling that meets all local codes.

.

If the lease has an early termination fee, that would control his right to "buy out" of his lease.

.

Unfortunately, if there is no buy out clause, there is not any type of "hardship" escape clause in a lease unless it was specifically stated in the lease. If he is under a written lease for a set term, then if he breaks the lease, the landlord can potentially hold him liable for up to the entire remaining term of the lease. If his situation has changed, it would not give him legal grounds to get out of the lease without any repercussions.

.

However, if he feels he has to break the lease, the landlord has a duty to mitigate his damages by attempting to re-rent the unit as soon as possible. Once he does so, he can only hold him liable for his actual damages in the form of any lost rent and advertising costs. So if it takes him 1 or 2 months to rent it again, he can only hold son liable for that lost rent plus any advertising costs.

.

So to minimize his potential liability, if he has to breach, make sure he leaves the place as close to spotless as he can so the landlord can immediately put it on the market and hopefully rent it quickly.

.

.

thanks

Barrister

Ask Your Own Landlord-Tenant Question
Lawyer: barristerinky, Attorney replied 7 months ago

Hello again,

.

Did you have any further questions I can help with?

.

.

thanks

Barrister

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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