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Yes, I know, "you shouldn't break your lease." But I'm trying to at least adhere to the terms of it, which states that either I am responsible for the rent until it is re-rented (with no notice necessary), or I must pay a lease breakage fee of 1.5 month's rent with an additional 30 days notice.
So about 2 weeks ago I went to talk to the property management, and they said that I had to pick a specific move-out date, and they would say the apartment is available to prospective tenants 5 days after that date. But I also had up until the day before the move-out date to choose to give 30 days notice and pay the fee instead.
So I chose a move-out day about 3 weeks from when I spoke with the management, and figured that if it wasn't rented by then then I would probably just pay the fee and give the additional notice. I thought that gave them a reasonable chance to rent it, since the complex is nearly full.
So 2 weeks go by and I call to check to see if they were able to rent it yet. They said no, but eventually admit that they hadn't even been trying to rent it for the past 2 weeks, blaming "the computer system" because it makes them put in 60 days from when the notice is given (even though no notice is necessary) and every day they must manually write down if there is someone moving out early, even though I had talked to them several times and thought I made it clear that I'd be moving out early.
I couldn't really find the specific law (I'm in NC and it seems to have a lot more about military personnel breaking leases than it does regular people), but everything I've read says the landlord must make "a good faith" effort to re-rent the apartment. So they've admitted that they haven't even been trying to rent it for the last 2 weeks (and no, unfortunately I don't have that in writing, but I'm assuming that if for some reason it were to go to court that they wouldn't commit perjury)...is there anything I can do?
So 2 weeks go by and I call to check to see if they were able to rent it yet. They said no, but eventually admit that they hadn't even been trying to rent it for the past 2 weeks, blaming "the computer system" because...
This was a mistake.
They shouldn't have felt they needed to make up stories like that... because they didn't.
There is no obligation to advertise or do other things to rent an empty unit...
(ready?) **until it is actually empty**.
I don't think there's any law that says a LL must go into high gear because someone wants to break their lease and vacate months before their lease is up.
and they said that I had to pick a specific move-out date, and they would say the apartment is available to prospective tenants 5 days after that date. But I also had up until the day before the move-out date to choose to give 30 days notice and pay the fee instead.
So I chose a move-out day about 3 weeks from when I spoke with the management, and figured that if it wasn't rented by then then I would probably just pay the fee and give the additional notice. I thought that gave them a reasonable chance to rent it, since the complex is nearly full.
Imagine if the PMC found a new tenant that same day and gave them a move in date 5 days after the specific move out date you selected. That tennat is all set to move in and may have incured expenses. Suddenly you decide the day before the move out date you selected to excercise the 30 day option and pay the fee. Now you have someone expected to move in and they are screwed, the PMC is screwed and nobody but you comes out ahead in this deal! But, lets go even further, lets say the PMC was able to get that prospect to waith those 30 days and suddenly you do a holdover. Bam, everyone is screwed a second time! Bceause of these types of real and common circumstances, most laws do not put a burden on the LL/PMC to apply a good faith attempt to mitigate until you have vacated the premises.
This was a mistake.
They shouldn't have felt they needed to make up stories like that... because they didn't.
There is no obligation to advertise or do other things to rent an empty unit...
(ready?) **until it is actually empty**.
Yeah, that's what I wasn't really sure about. The thing is, it's an apartment complex and they don't even really have to advertise (or "go into high gear" as KonaKat said). But what prompted me to figure out that they haven't been trying is that I had called in anonymously and asked if there were any apartments available in that time frame, and they said there were none...
Quote:
Originally Posted by PacificFlights
Imagine if the PMC found a new tenant that same day and gave them a move in date 5 days after the specific move out date you selected. That tennat is all set to move in and may have incured expenses. Suddenly you decide the day before the move out date you selected to excercise the 30 day option and pay the fee. Now you have someone expected to move in and they are screwed, the PMC is screwed and nobody but you comes out ahead in this deal! But, lets go even further, lets say the PMC was able to get that prospect to waith those 30 days and suddenly you do a holdover. Bam, everyone is screwed a second time! Bceause of these types of real and common circumstances, most laws do not put a burden on the LL/PMC to apply a good faith attempt to mitigate until you have vacated the premises.
Good point, although I believe that if they did find someone that I may not have been able to change my mind.
most states say landlord has a duty to mitigate damages when a tenant breaches a lease. The landlord has a duty to find another tenant, and cannot let the property sit empty for two years and sue the old tenant for back rent. the problem is they stop short of saying just what the landlord is supposed to do .
does sticking a sign on the lawn on a dead end qualify?
here in ny our courts overturned that law and landlords no longer have any obligation to help re-rent.
here in ny our courts overturned that law and landlords no longer have any (specific) obligation to help re-rent **when a tenant defaults** (beyond what their ordinary best interests would have them do with any empty they had).
But when a tenant gives notice to the LL of their intention to leave
in accordance with the lease provision describing this VERY common occurance...
laws are laws so you cant have anything in a lease contrary to local laws.
up until this law passed taking the burdeon off the landlord to mitigate you really had to take an active roll.
while ny law didnt say what had to be done by the landlord to fullfil that law the fact was if you sued the tenant and it went to court the judge wouldnt look to favorable upon you. if you didnt do enough.
now the burdeon is off the landlord but most states arent like that.
up until this law passed taking the burden off the landlord to mitigate ...
now the burden is off the landlord...
but (if you read even the first paragraph)...
this new law only applies in cases where the tenant acts irresponsibly by abandoning etc.
In effect... it allows the LL to be just as passive aggressive about not facing their responsibility
(to try to re-let their unit asap) as the bad tenant who broke a lease.
but (if you read even the first paragraph)...
this new law only applies in cases where the tenant acts irresponsibly by abandoning etc.
In effect... it allows the LL to be just as passive aggressive about not facing their responsibility
(to try to re-let their unit asap) as the bad tenant who broke a lease.
Yeah! Big win for LL's! <--sarcasm
That was my "take" too. If a tenant acts responsibly, has to break the contract for reasons entirely outside his or her control, and makes obvious attempts to help avoid loss to the LL, civil court judges will no doubt continue to weigh the situation and no doubt in some cases will continue to require that the LL make an effort to mitigate.
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