Can I be liable for rent after giving notice to move out?

Full question:

I have lived in my current rental house for three years. I have six months left on the lease. I gave landlord 90 days notice that I am moving as I have purchased a house. Can I be held liable for the remaining three months?

  • Category: Landlord Tenant
  • Subcategory: Lease Termination
  • Date:
  • State: Minnesota

Answer:

The landlord-tenant relationship is governed by the lease agreement. If you leave before the lease ends, the landlord may not be required to find a new tenant to reduce your liability for rent. Traditionally, landlords have no obligation to seek new tenants. However, some jurisdictions, including Minnesota, recognize a duty for landlords to mitigate damages by making reasonable efforts to re-rent the property after a tenant breaks the lease. This is based on the legal doctrine of avoidable consequences, which states that a party cannot recover damages if they did not take reasonable steps to minimize them. If the landlord shows they made reasonable efforts to mitigate damages, you may still be liable for the remaining rent. Ultimately, the court will decide if the landlord acted appropriately in minimizing damages.

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.

FAQs

A break clause in a lease allows either the tenant or landlord to terminate the lease early under specified conditions. This clause typically outlines the notice period required and any conditions that must be met for the termination to be valid. It provides flexibility for both parties, enabling them to exit the lease without penalty if certain criteria are fulfilled.