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My friend sighed 12 mo.apt. rent. But situation changed, she…

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My friend sighed 12 mo.apt...
My friend sighed 12 mo.apt. rent. But situation changed, she doesn't need it. She paid, 10,000 for first rent and security, one month passed, never used. She contacted the owner, no response. Is any way can she get out this mess? Doesn't have sublet right in the agreement.
Submitted: 6 years ago.Category: Real Estate Law
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9/1/2011
Real Estate Lawyer: Andrea, Esq., Lawyer replied 6 years ago
Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 12,554
Experience: I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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Hi, and Welcome to JustAnswer, My name isXXXXX am a licensed, practicing Attorney, I have 25 years experience and would be glad to help

The attorneys on JustAnswer are glad to answer questions and give information, but JustAnswer is not a law firm, so we cannot take on client representation and no attorney-client relationship is formed.

 

Your friend should contact the landlord in writing, informing him/her that they no longer want the apartment and under these conditions they have vacated the apartment and are trying to sublet it.

The landlord has a legal obligation to "mitigate damages" which means that the landlord has an obligation to try and lease the apartment and cannot just sit back and do nothing based on his thoughts that he can hold the tenant liable for rent for the full term of the lease. Similarly, the tenant cannot prohibit the tenant from trying to find a tenant to take over his obligations under his lease.

Therefore, your friend will be liable for the rent until he or the landlord can find a new tenant.



Please be kind enough to press "ACCEPT", otherwise I do not get paid anything at all


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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 12,554
Experience: I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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