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P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 34968
Experience:  12+ yrs. of experience including real estate law.
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I signed a rental lease in October that was not scheduled to

Customer Question

I signed a rental lease in October that was not scheduled to take effect until Dec. 1. On Nov 6, I sent written notification to cancel that lease. Can the landlord hold me to the lease? I live in Nevada.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry to be the one to bear bad news.

If you have a valid lease and you break the lease, the landlord can sue to collect for the damages they suffer due to your breaking the lease. So if you had a year lease and leave without paying any of the lease, the manager could sue to recover the money they have lost.

Now, there is a requirement (in all states but NY) that the landlord take steps to "mitigate damages". That means, the landlord needs to attempt to rent out the property and, if they do the income will offset what you owe. For example, if you leave at the start of the lease, but they rent for the same amount each month one month later, you would owe only 1 months rent. But if it takes 6 months to guessed it, you owe 6 months.

If you want out, the best way is to negotiate with the landlord a settlement. Perhaps you offer 1 or 2 months rent up front to cancel the lease...this saves them from having to mitigate damages and having to sue you to collect and gets you out knowing the cost up front. I would try and negotiate an amount you are comfortable with AND GET IT IN WRITING.

Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.