Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

My fiance and I have a lease for another 6 months that since

Customer Question
we signed he lost his...
My fiance and I have a lease for another 6 months that since we signed he lost his job and I was hosptalized and am on disability that is hal of my income. My employeost their contract and my job will be ending October anyway. We live in Florida and the last time I sp oke to my landlord about this he said we would have to pay two months rent (3,000 dollars) and he would look for another tenant. We do not have this money and may have to move to a much cheaper place or even in with relatves. Is there anything we can do? I do not want bad credit or a judgement.
Submitted: 6 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 31 minutes by:
9/18/2011
Real Estate Lawyer: Legalease, Lawyer replied 6 years ago
Legalease
Legalease, Lawyer
Category: Real Estate Law
Satisfied Customers: 16,388
Experience: 13 years experience in RE Law, including LL/Tenant, contractor disputes, comm'l prop. issues
Verified

Hello.

 

The landlord does not have the legal right to arbitrarily state that "if you give me 2 more months rent, then I will not pursue the other 4 months of the 6 months that you owe." If and when you leave, the landlord has a legal obligation to "mitigate" his damages, which means that from the moment that you notify the landlord of your final date at the apartment, the Landlord should advertise the unit and you should have it tidied up and ready to show prospective tenants. Only if the LL takes all reasonable steps to rent the unit and he has been unable to do so to fill the unit for all of the remaining time on your lease -- that is when the Landlord can send you a bill for all of the remaining months that was left on your lease in which he was unable to rent the apartment out to someone else for all or any of those months.

 

So, if you are unable to afford the 2 months that he is looking for to drop any additional months that he might pursue, your choices are then limited. You will have to simply wait to see if he files a civil lawsuit against you for the remaining months of the lease -- and if the LL does that, you must appear in court and defend against his suit by arguing that the LL did not do enough to mitigate his damages (keep his damages to a minimum) to pursue getting another tenant into the unit to replace you and your family -- you will have to watch the local advertisements for apartments to see if he is advertising your unit and also check around to see if he was using a realtor to try to rent the place and hopefully you will be able to find very little evidence that the LL tried to rent out your unit after you had to leave it -- and if that is what you find, then when you go to court you must testify that the landlord did NOT do enough to rent that apartment unit out to another party when you left it and then you hope that the judge will see the case in the light most favorable to you -- because if you lose the case completely the judge can order you to pay the full 6 months rent, plus court costs and fines and then the LL will be permitted to put derogatory remarks on your credit report unless you are able to pay those monies to the Landlord.

 

I hope that explanation helps and please let me know if you have more questions.

 

--MARY

 

If you have not yet pressed ACCEPT please do so now so I will be paid for my time. Just Answer does not pay me anything for this time with you until you press ACCEPT at the bottom or side of this ANSWER box. This is not a hobby for me -- it is how I earn my living -- so I appreciate it when my customers are conscientious and press ACCEPT to trigger Just Answer to pay me for this question (pressing accept will not cost you any additional money).

 

THANK YOU !!

Ask Your Own Real Estate Law Question
Ask Legalease Your Own Question
Legalease
Legalease
Legalease, Lawyer
Category: Real Estate Law
Satisfied Customers: 16,388
16,388 Satisfied Customers
Experience: 13 years experience in RE Law, including LL/Tenant, contractor disputes, comm'l prop. issues

Legalease is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
My son's lease on a studio apartment expires in June 2018.
My son's lease on a studio apartment expires in June 2018. Yesterday the owner had one apartment gutted on the 2nd floor. My son, who lives on the 3rd floor, had so much dust in his apartment that he … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I currently live in apartment that had water damage in
I currently live in apartment that had water damage in August of last year. The repair was not done properly and now 4 months later, the paint is peeling, bleeding and I suspect that there is mold and… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
211 satisfied customers
Landlord is claiming cracked/split as damage from movers.
Landlord is claiming cracked/split wood as damage from movers. However, he did not do a move-in inspection so there was nothing to compare the move-out inspection. He scheduled the move out inspection… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Can the HOA be sued for damages resulting in a rat
Can the HOA be sued for damages resulting in a rat infestation in a single unit that spread to adjoining units? … read more
Lori
Lori
Juris Doctor
288 satisfied customers
Several neighbors and I received damage on our property from
Several neighbors and I received damage on our property from a city water main break. My direct neighbor received immediate compensation, another house was purchased by the city but I have received no… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
Does an apartment co-signer have financial responsibility
Does an apartment co-signer have financial responsibility for structural damage to an apartment building, such as a fire? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
A tenant moved out and left numerous damages to the rental
A tenant moved out and left numerous damages to the rental home. Does this automatically breach their contract? And are they entitled to any of their Security Deposit. I have photos and estimates. Hou… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My daughter rents an apartment in a 6 story apartment
My daughter rents an apartment in a 6 story apartment complex in Daytona Beach, FL. The roof collapse Thanksgiving night due to heavy rain and flooded a large number of apartments including hers. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My apartment was recently flooded from a sprinkler system
My apartment was recently flooded from a sprinkler system going off as a result of a fire in another unit. My apartment was flooded and resulted in two walls torn down and the floor in the entirety of… read more
Ely
Ely
Counselor at Law
Juris Doctor
4,925 satisfied customers
A building contractor did water damaged work on my apartment
a building contractor did water damaged work on my apartment and i signed a contract with him and after the work was done he changed the dollar amount to a higher amount. the contract stated not to ex… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
Is it legal for an apartment complex to charge renters an
Is it legal for an apartment complex to charge renters an HOA fee monthly in Clark County Neveda … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Regarding damages to the house that he and his sister both
Regarding damages to the house that he and his sister both own, how do you submit the damages that she's done to the house to the court? With the Partition paper work? Also, can I give Power of Attorn… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
Responsibilities when Roof leaks cause damage to interior of
Responsibilities when Roof leaks cause damage to interior of condominium? … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
New house. Water damage in basement. Developer refuses to
New house. Water damage in basement. Developer refuses to pay damages. Property in NH … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
We have water damage in our apartment and I feel that
We have water damage in our apartment and I feel that management is doing what they supposed to do , or following protocol … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
My tenant damaged a wardrobe and the wall of the stair was
My tenant damaged a wardrobe and the wall of the stair was to hid apartment which he shared with a common friend. The shared the $1000 per month rent equally, but when he left, the other tenant revert… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
We are four apartments on the top floor of an apartment
We are four apartments on the top floor of an apartment complex in Washington, DC. Our ceiling has been leaking due to the landlord providing faulty roof repair services. Do we have a strong case? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I have a tenant in a rental apartment who has damaged the
I have a tenant in a rental apartment who has damaged the interior because he is an alcoholic. The apartment in red tagged (feces all over). California law says I need to give him 60 days notice for e… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,141 satisfied customers

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x