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Roger, Attorney
Category: Legal
Satisfied Customers: 31766
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Hello, I signed a 2 year lease on a property in San Diego November

Resolved Question:

Hello, I signed a 2 year lease on a property in San Diego November 2009 with 2 other partners. We each signed separate leases as we were sharing in the responsibility of the lease. In January of this year, there was a death in my family that prompted me to move closer to my family in Atlanta, Georgia. The leasing company was fine with rewriting lease for the remaining two partners to take responsibility of lease. One of the partners would not agree to this so I stayed on. However, they found someone to sublease my office as he refused to sign the lease in my place. He has now given 30 day notice and I'm being called to pay 1/3rd of the rent August 1st. I just don't have it, as the move wiped me out and I have nothing. What are the repurcussions to my credit? And are there any laws that allow you to get out of a lease like this under these conditions?
Submitted: 7 years ago.
Category: Legal
Expert:  Roger replied 7 years ago.

You're stuck with the lease - there are no laws that allow you to get out because of a death in the family, etc.


If you can't pay, the landlord has the right to put a note on your credit that you've breached the lease. Also, the landlord can sue you for the amount of rent you're due.


However, your landlord is required to find someone to take up your lease. You should try to work with the landlord to find a replacement. If you are cooperative with the landlord, it will help you and also may keep him from filing anything on your credit.

Customer: replied 7 years ago.
thank you for replying. What do you mean by "your landlord is REQUIRED to find someone to take up your lease?" how are they required and is there a source I could site to this fact? By the way, this is an office lease not a residential.
Expert:  Roger replied 7 years ago.

When a landlord has a tenant move out, he/she must mitigate his or her damages by finding a replacement tenant.


The landlord cannot simply wait until the end of your lease and then seek the entire amount from you.


You can google mitigation of damages by landlord and find several resources out there.

Roger and 3 other Legal Specialists are ready to help you
Customer: replied 7 years ago.
Thank you for your help.