Full question:
I received a notice of lease termination on a warehouse space I rent in Grand Forks ND. The lease is from 12/01/07 to 12/31/10. The lease is being terminated due to delinquent rent payments of 2 months. The attorney representing the landlord says that in ND I am still going to be held liable for the remaining amount of money owed under the remaining term of the lease. Is that possible? Can they terminate the lease and still collect the lease rents up to 12/31/10?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: Minnesota
Answer:
If the lease is breached and the landlord properly terminates it, they can seek damages for the remaining rent due under the lease. However, the landlord must attempt to mitigate their damages by trying to relet the space. This means they should advertise and show the property to potential tenants. Any rent received from a new tenant must be deducted from the total damages claimed.
Additionally, you may have the option to redeem the lease by paying the overdue rent. This is outlined in North Dakota law, which allows tenants to redeem their tenancy by paying the rent in arrears and any associated costs before possession is delivered to the landlord.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.