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 lease terms may contain terms for early termination. It is not clear from your question, since I cannot see the entire lease, whether the sentence you quote regarding ending the lease is limited to the time frame after the lease is over or whether it is for all time during your tenancy.
Typically, the lease terms control since it is a written contract between you and the landlord. If the section you quoted is the only section that discusses lease termination (other than for a breach of the lease for non-payment of rent or other circumstances), then it may be fair to conclude that the 30 day notice requirement would allow a tenant to end the lease before the lease ends (or is renewed again).
If the lease terms don't allow for early termination, the tenant may be held liable for the remainder of the lease, unless the tenant can prove a breach of the lease terms by the landlord. However, the landlord has a duty to mitigate (lessen) damages by making reasonable attempts to relet the premises. This generally means that the landlord must advertise the premises and make attempts to show the premises to prospective tenants. It will be a matter of subjective determination for the court, based on all the facts and circumstances involved, whether reasonable attempts have been made to relet the premises.
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.
