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About Jonathan Dever, Esq
Expertise
Real Estate Law, Buying Selling, Investor, all types of acquiring property through "creative techniques" and fraud avoidance

Experience
Super Lawyer by Law and Politics for the last three years, part of over 900 transactions in the last 6 years

Organizations
Ohio Bar Assn Greene County Bar Assn Champaign County Bar Assn

Publications
Personal web site and web articles

Education/Credentials
JD - Capital University MA - IU of Penn BA - U of Cincinnati

Awards and Honors
Super Lawyer 2005, 2006, 2007 Who is Who, Lawyers 2006, 2007

 
   

You are here:  Experts > Real Estate > Apartment Living/Rental > Real Estate Law (esp. Landlord-Tenant) > breaking rental lease agreement

Real Estate Law (esp. Landlord-Tenant) - breaking rental lease agreement


Expert: Jonathan Dever, Esq - 8/24/2008

Question
I just had my first baby and having problems paying rent. I will have to move in with family and will need to break my lease. What are the legal ramifications if I do this? I tried talking with the rental office and they cannot do anything really. They say I can give 60 day notice and they will put apartment up for rent, but I would still be responsible for paying the rent until they find another person to rent the apartment. Do you have any suggestions? WHat are the legal ramifications? How much trouble would I really be in?

Answer
Landlords have a duty to mitigate damages.  That means they must try to relet the unit if you cannot continue on.  However, you will be responsible under the lease as it is a contract.  Judges differ from county to county and from judge to judge on what this means absent a clear contract clause.

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