questions & answers

Question: Because of the current coronavirus pandemic both my daughter and son-in-law will be laid off indefinitely. Their current lease ends 6/15/20. They notified rental office that they would like to end lease 6 weeks early (end of April) because of this financial hardship. They will live with us until things get back to normal. They have given rental company 45 day notice that they will vacate apartment at the end of April. Rental company is telling them that they will have to pay 2 month penalty for breaking a lease 6 weeks early. This does not sound right during this healthcare emergency!

Answer: The landlord-tenant landscape is constantly changing during the epidemic. While those who are impacted by COVID-19 may be able to avoid eviction during this time, there is currently no law or provision that allows someone not to pay rent or to move out early and stop paying. The landlord must, however, mitigate their damages. So the landlord can only pursue your daughter for damages they could not avoid. They must try to re-lease the premises, and if they are able to do so, the amount they receive would be deducted from the balance of the rent owed. The 2-month penalty may not be enforceable depending on the language of the lease. Tenants should obviously leave the premises in the best condition possible and take photographs of that condition in case they later needed to prove it in court if the landlord claimed damages or cleaning fees.