Full question:
We signed a one year lease on Sept 28, and gave landlord 2 checks, one for rent (1350.00) and one for deposit (1350.00) post dated for Oct 1. On Sept 29 my husband was told that he was going to be laid off and his last day would be Oct 8. My husband called the landlord that evening Sept 29 to tell him that we would be unable to fulfill the lease, and explained to him what had transpired. We had partially moved in and would be able to get our stuff moved out immediately if he wanted us to. He preferred that we move in and give him 30 days to hopefully find a renter. What are we responsible for? We are out of here on the last day of this month (Oct).
- Category: Landlord Tenant
- Date:
- State: Colorado
Answer:
If you have a lease, the terms of that lease will dictate your responsibilities regarding early termination. Since I cannot see the entire lease, I can't determine if it allows for early termination or if it only addresses lease ending after the term. Typically, lease terms govern as they are a written contract between you and the landlord.
If the lease includes a section that allows for early termination with 30 days' notice, then you may be able to end the lease early. If there is no provision for early termination, you could be held liable for the remaining rent due under the lease unless you can show a breach of the lease by the landlord.
However, the landlord has a duty to mitigate damages by making reasonable efforts to find a new tenant. This means they should advertise the property and show it to potential renters. Whether the landlord has made reasonable attempts to relet the premises will depend on the specific circumstances and may be assessed by a court if necessary.
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.