my daughter has left an apt lease before the expiration. What is the duty of of the landlord to re-rent ?

Question

the time remaining on the lease is 6 months. We co-signed for her and are paying the monthly tab. The landlord is not very agreeable.

She vacated May 06. The owner, realtor, put the condo up for sale 6-06. On her lsitings for "lease" she put a "hold" do not show property. On her "for sale" listing she will show direct......not trying to lease?

Answer 1

The landlord has a "duty" to mitigate damages by actively pursuing new tenants....if you can prove he is not, you have to go to court to get the judge to let you break the lease w/out anymore penalties. Google your state and Landlord/Tenant laws and you find what you need.

Answer 2

Having been a landlord, I can tell you several things.

First and foremost, what does the contract say? There should be a section specifically for this event.

The state in which the apartment resides may have specific rules regarding the liability of the lessee and/or lessor in this event.

In my experience, there are several possibilities. Generally, the terms of the lease should have a provision, which generally states that the renter should be resposible to pay the rent for the duration of the contract, unless and until the landlord is able to find another tenant if the renter vacates the apartment before the contract is up. The landlord should put forth a "reasonable" effort to find another tenant, but since this is such a subjective term, it can't really be enforced.

Some leases will have an early termination fee, in which you can buy out of the contract usually for the cost of 2-3 months of rent. In my experience that's a reasonable request, but not all landords are agreeable to that. Which is a shame, because if you buy out your lease and I immediately fill the apartment, I make out in the deal.

As a renter several years ago, I had a lease that stated if I should get relocated for work more than 20 miles from where I currently lived, the lease would be terminated upon vacation and I wouldn't be responsible for anything else. This was a very generous clause, many leases have a similar one, but they usually incur a penalty.

In my opinion, the landlord not being agreeable is shortsighted on his part, because he now has a lease with a definite end, and should the new potential renter find you, you'll likely give a bad recommendation. I don't understand how landlords stay afloat with a bad reputation - if I heard anything bad about a landlord, I certainly wouldn't rent from them! He should be actively looking to find a new renter so he can guarantee a steady income, instead of risking potentially several months of losses with an empty apartment.

Hope this helps!

Answer 3

First of all, landlord tenant laws vary from state to state. In Ohio, a landlord has the duty to mitigate (or make less) damages incurred by your daughter. Go, or have a friend go, to the property management company that leases the apartments, find out if they are showing the suite. Call the landlord and ask what suites are a available . If between these 2 sources you find that the landlord doesn't seem to be interested in showing your daughter's apartment, write to the landlord and ask him when he has shown the suite (what day, time etc.)? then ask him how many newspapers have an advertisement for the suite and can he show you how he has tried to re rent the suite. Now if he is a bad landlord and has many, many suites available, this may not help but if he keeps up his property and most suites are rented, this may work. But the overview is Landlord's must try to re rent your daughter's apartment not just sit on it because he knows it's a broken lease, hope this helps

Answer 4

The law may vary from state to state, but the standard is that the landlord must make a good-faith effort to re-rent the apartment. He can't just sit on his butt and collect the money. He has to place ads in the paper and do whatever he did when your daughter found the apartment.

You can help the situation by trying to find someone to finish her lease. I realize that you don't really want to give this jerk business, but if he refuses a viable renter without just cause, you will have legal grounds to stop paying off the lease.

If he's being that much of a jerk, give the apartment to someone to live in. If you're paying for it, why not use it?

Answer 5

if you have signed a lease and/or contract, you are completely obligated to pay the full amount for the remainder of the lease. the landlord has no obligation to try to re-rent the apartment. however, laws on this matter do vary by state, but i would imagine that after signing a lease, you really don't have a leg to stand on. i would recommend you get in touch with the housing authority for the city/town where the apartment is to be sure of exactly what your rights are.

Answer 6

The land owner has no obligation to move anyone in.You signed a binding contract and if they feel like it they can make you pay the remaining months. The only thing you can do is read your lease very closely and try to find any loop holes.Maybe you can sub-lease it or you can find a new tenant for them.

Good Luck

Answer 7

Check what the lease says. There should be something in there that addresses this issue.

What incentive does the landlord have to rent the apt out when someone is already paying for it?

Answer 8

It depends on the contract that was signed some lease contracts allow for a buy out for early termination of the lease, otherwise you are stuck with paying off the lease.

Answer 9

That information is in your lease. Typically you are responsible to find your own subleaser, otherwise you have to keep paying rent. Sometimes you can break the lease, but that usually includes a large fee.

Answer 10

your stuck with it .unless the landlord is somehow in violation of the lease..like unlivable conditions