I am from Texas and have a specific case. I am wondering if i should get a lawyer. My lease said that I had 3 days to back out without any repercussions. I signed in May. I was sure that i was staying there for the up coming fall. Due to unforeseen circumstances I told them in June that i would like to cancel my lease. They said that i had to 1) find someone to take over my lease (but no subletting) and 2) pay a 250 fee. They said it was not their duty to find someone. After getting an email that said they put me on a reassignment list I could not get in touch with anyone. I did not pay a deposit or application fee due to them being brand new and they gave all the tenants the same deal. I also have not even moved in yet and now i'm getting slapped with accelerated rent. I understand what was in my lease, however i feel as though i have been messed over.
2 Answers
I would certainly speak with a lawyer. (I am not one.)
My (limited) understanding of the law is that the victim of a contract breach must act in a "commercially reasonable" manner to minimize the damage to both parties. For instance, I believe that the landlord is responsible for re-leasing the property (not you), and then billing you for the difference between what was actually earned and what they should have earned from you. The "reassignment" probably is not a commercially reasonable process.
Basically, they want to have their cake and eat it too. So find a lawyer that will prevent that outcome, as well as advising you what your rights and responsibilities really are. My sense is that the landlord has "crossed the line." Such a lawyer will be able to advise you whether or not they have committed a tort and can be sued for damages.
This question is confusing to me. I am a landlord. It is the responsibility of the landlord to mitigate all costs, however, breaking the lease also entitles the landlord to seek costs, damages, and losses. That said, also consider that you found a tenant. This does not mean that the prospective tenant is acceptable. If the tenant has been accepted, then some losses have been mitigated. Costs for processing the tenant, if paid by the tenant, are not your responsibility. However, if these costs are paid by the landlord,then these costs can possibly can be yours to pay. If there are no damages, then only the costs that the landlord incurred can be collected. If the tenant was not accepted, then you are responsible for the rent. Also consider that there are responsibilities if proper notice is not given. Any security deposit has to be considered toward any expenses that a landlord faces.
While this is the general framework, the laws vary from state to state or country to country. It is best to read the tenant landlord law and read your lease. Please understand that only a few things within the law can be waived by the lease. I suggest reading these carefully. Both should not be a long read and in most states the tenant landlord law is written in plain English though some legal terms will be used. I would be sure to look up anything you do not understand. There are plenty of resources online to help understand even by state and country.
