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I have to leave my current rental property as I got a new…

Customer Question
Hi there I have...

Hi there I have to leave my current rental property as I got a new job outside of my current place.

Lawyer's Assistant: Where is the property located?

But the real estate saying I have to pay rent until they find a new tenant.this property in Redcliffe

Lawyer's Assistant: Has any paperwork been filed?

The problem is this house was advertised for several months before we moved in as the condition of the house is not good for any one to choose this straight away

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

They sent me some paperwork to sign

Submitted: 1 month ago.Category: Real Estate Law
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Customer reply replied 1 month ago
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3/9/2018
Real Estate Lawyer: Barrister, Lawyer replied 1 month ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 41,135
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Are you under a fixed term lease contract>

,

What is your legal question i can help with?

.

.

thanks

Barrister

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Customer reply replied 1 month ago
S it's fixed term contract. They asked me to pay the rent until they find a new tenant.I can understand that but the problem is this house won't go that easy due to the condition.they advertised this property for several months before we moved in
Customer reply replied 1 month ago
Our agreement is until December and I have to move out as I got a new job elsewhere
Real Estate Lawyer: Barrister, Lawyer replied 1 month ago

Unfortunately, there is not any type of "hardship" escape clause in a lease unless it was specifically stated in the lease. If you are under a written lease for a set term, then if you break the lease, the landlord can potentially hold you liable for up to the entire remaining term of the lease. If your situation has changed, it would not give you legal grounds to get out of the lease without any repercussions.

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However, if you have to break your lease, the landlord has a duty to mitigate his damages by attempting to re-rent the unit as soon as possible. Once he does so, he can only hold you liable for his actual damages in the form of any lost rent and advertising costs. So if it takes him 1 or 2 months to rent it again, he can only hold you liable for that lost rent plus any advertising costs.

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So to minimize your potential liability, if you have to breach, make sure you leave the place as close to spotless as you can so the landlord can immediately put it on the market and hopefully rent it quickly.

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thanks

Barrister

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Customer reply replied 1 month ago
I can't afford to pay 2 rents as I know this house won't go that easy.
Real Estate Lawyer: Barrister, Lawyer replied 1 month ago

See my answer above.

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Customer reply replied 1 month ago
if this house didn't sell for months am I entitled to pay the rent for these many days
Real Estate Lawyer: Barrister, Lawyer replied 1 month ago

So if this house didn't sell for months am I entitled to pay the rent for these many days

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If the landlord isn't trying to re-rent,and is trying to sell, you aren't liable at all. He has to be trying to re-rent the property to be in compliance with the law.. If he is not trying to re-rent, then he can't hold you liable for any lost rent.

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Customer reply replied 1 month ago
If this take several months to get a new tenant in as I responsible for that? Is there any time frame for that?
Customer reply replied 1 month ago
Sorry I am asking this as this property takes months to rent it because of its condition.Is there any time frame for the owner to rent this in order to get the lose rent from us.
Real Estate Lawyer: Barrister, Lawyer replied 1 month ago

If this take several months to get a new tenant in as I responsible for that? Is there any time frame for that?

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Yes, you are liable if the landlord was trying to re-rent and couldn't do so. You are liable up until the landlord re-rents or the lease expires.

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Real Estate Lawyer: Barrister, Lawyer replied 1 month ago

Hello again,

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I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

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Thanks much

Barrister

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Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 41,135
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Experience: 17 years real estate, Realtor. Landlord 26 years

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