How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 34968
Experience:  12+ yrs. of experience including real estate law.
11181181
Type Your Real Estate Law Question Here...
P. Simmons is online now
A new question is answered every 9 seconds

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 rent...you 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.