Full question:
I had to move to Iowa because of my Job and my husband had to stay behind because our landlord wants us to pay the rent until the end of the lease and if we break the lease, we still are paying it till it is re-rented. They called us and told us they are putting the house on the market and need to continue to pay rent until it sells. The issue is that they keep going back and forth. We have three children and it is causing mental distress on them. He was offered a job here in Iowa with me. Any suggestions?
- Category: Landlord Tenant
- Subcategory: Mitigate Damages
- Date:
- State: Arizona
Answer:
While I cannot assess your financial situation, I can provide some information that may help. However, it’s important to consult with a local attorney for specific advice.
If you leave the rental property before the lease ends, the landlord is required to try to re-rent it. This is known as the duty to mitigate damages. If the landlord does not make reasonable efforts to re-rent, it may violate this duty.
You can also choose to abandon the property. Under Arizona law, if you abandon the unit, the landlord must make reasonable efforts to rent it at a fair price. If they fail to do so, the rental agreement is considered terminated as of the date they are notified of the abandonment.
It’s important to note that placing the property on the market does not exempt the landlord from their duty to mitigate damages. If they are not actively trying to rent it, this could be seen as a breach of their obligations.
Finally, you can formally notify the landlord that you are abandoning the property and remind them of their duty to mitigate damages. Refer to Arizona Revised Statutes, Title 33, § 33-1370 for more details on abandonment and landlord responsibilities.
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.