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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55481
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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My daughter is going through divorce and moved out of leased

Customer Question

My daughter is going through divorce and moved out of leased home due to abuse. Husband did not make last month rent payment, is not working and cannot make December payment - expects daughter to make payment - she can't. Court date on 12/3 - landlord filed for possession and rent. Six months remain on lease and neither can pay. My daughter has no intention of moving back in. What will most likely happen in court?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.

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

Your daughter should easily be able to settle this due to the landlord's legal duty to mitigate. What that means is that even if your daughter may not have the right to terminate the lease, once she notifies the landlord she is 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, your daughter 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 it's unlikely that a court is going to hold your daughter (and her ex) responsible for more than 2 months of rent at the most (and I'm presuming her deposit would cover 1 of those months).

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