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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55594
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Not sure if you can - my daughter lives in Minneapolis, has

Customer Question

not sure if you can - my daughter lives in Minneapolis, has another 6 months on her lease
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: she asked the manager if she found a house to buy, would they let her out of her lease early
JA: Has any paperwork been filed?
Customer: given they were thinking early next year, the manager said yes
JA: Anything else you want the lawyer to know before I connect you?
Customer: need to know if her landlord can demand 3 months penalty for early termination of lease
Submitted: 12 months ago.
Category: Real Estate Law
Expert:  Richard replied 12 months ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 12 months ago.

Your daughter won't be liable for the remaining term of her lease even if she terminates it early. That's becausethe landlord has a legal duty to mitigate. What that means is that even if your daughter may not have the right to terminate her 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 months. So, the likely worst case for her is she is liable for the rent for 2 months from the date of her notice.

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