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Richard, Attorney
Category: Legal
Satisfied Customers: 55314
Experience:  Attorney with 29 years of experience.
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My husband passed away 12-26-2015. I live in Castle Rock,

Customer Question

My husband passed away 12-26-2015. I live in Castle Rock, Co. and our grown children live in Littleton, CO. I have an opportunity to buy a condo closer to my family and at this time, I NEED their emotional support. I am very depressed. My problem is the lease We signed at The Pines in Castle Rock doesn't expired until Aug. of this year. It would cost me over $4000.00 to walk away from here. I don't have it. I need the money for my downpayment. What can I do? If I got a letter from my Doctor as to my mental need to be closer to family, would that be enough to break my lease?
Submitted: 1 year ago.
Category: Legal
Expert:  Richard replied 1 year ago.

Good morning Rita. My name is ***** ***** I look forward to helping you.

First, let me tell you how sorry I am for the loss of your husband. I know this is a very difficult time for you and I will certainly keep you in my prayers!

With regard to your specific question, you're not going to be liable for the rent for the remaining term of your lease because the landlord has a legal duty to mitigate. What that means is that even if you may not have the right to terminate your lease early, once you notify the landlord you are terminating, the landlord has a legal affirmative duty to mitigate the damages by using reasonable efforts to re-lease the property. Once the property is re-leased, or if the landlord does not use reasonable efforts to re-lease, you would then be off the hook for further obligation. Given the current positive lease market and your very positive location, it is unlikely a judge is going to rule your landlord has satisfied the burden of using reasonable efforts to mitigate if the property is not re-leased within at least 2 it's unlikely that a court would hold you responsible for more than 60 days of rent at the most.

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