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She will be in default under the lease so a 30 day written notice would not relieve her of further obligation necessarily, BUT, she will definitely not be liable for the entire lease time 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, 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, it is unlikely a judge is going to rule a landlord has satisfied the burden of using reasonable efforts to mitigate if the property is not re-leased within at least 2 months....so it's unlikely that a court would hold you and your daughter responsible beyond 60 days.
This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you only a 30 day notice would suffice, but, I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!
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