Landlord and Tenant Rights and Responsibilities

questions & answers

Question: I am breaking my lease with 7 months left on it. I told my landlord a week ago and they have yet to post the property on the rental market. How long do they have to do this? I know I am responsible for rent until they find a new tenant but I also know they need to make an effort to find one.

Answer: The landlord has a duty to "mitigate" any damages suffered for breach of the lease. This means he must make a good faith effort to re-let in a timely fashion. If he fails to do so he cannot charge you accrued rent. There is no prescribed time frame for this to occur and than within a "reasonable" time frame. Ultimately if you cannot reach an agreement it would be up to a judge to determine what was reasonable under the circumstances.

QUESTIONS

  • I am breaking my lease with 7 months left on it. I told my landlord a week ago and they have yet to post the property on the rental market. How long do they have to do this? I know I am responsible for rent until they find a new tenant but I also know they need to make an effort to find one.

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