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Hi. Trying to get some advice here. Six months into a 12 month lease I approached my landlord about letting me out of the lease so I could purchase a home. I offered to pay the rent until he found a suitable replacement. He accepted that in writing and said that once I vacate he would get his realtor to list the rental. I proceeded to purchase and home and moved in. Now my landlord is not making any effort to re-market the house and says I must continue to pay the rent. I am trying to understand my options here. I really can't afford to pay both rent and a mortgage. Seems to me he is not holding up his end of the deal. Should I withhold rent and hope for the best? Or perhaps pay it in escrow to my local court? Can I be evicted if I have already moved out and had the home professionally cleaned? Sorry for all the questions.
If you want to withhold rent, you must pay that rent into escrow at the housing courts, so it won't save you any money until after the judge rules, and then only if he rules in your favor.
You have no way of knowing whether or not the landlord has been attempting to rent that unit.
I suggest the you start advertising and interviewing prospective tenants and present a qualified applicant to the landlord. That's the sure way for you to get out from under that rent payment.
Thanks for your reply. Actually I do know that he has refused to place it on the MLS or seek the help from his realtor. I did take out several ads on Craigslist, zillow, and hotpads with no results. I think he has a duty to mitigate damages once I withhold the rent, but I am not an attorney.
Did you get that in writing via an email, text, etc where he is stating he is not or will not make any effort to re-rent or are you just assuming he is not making any effort? Do you have any facts? How do you know this?
Having it in writing will help your case so if you don't have it in writing then either send him a letter, text or email to see if you can bait him into telling you in writing that he is not. There are other ways of course but getting him to admit it in writing will really help your case along with proof that he is not in order to fight it, if needed.
ETA: I see you were posting at the same time I was composing my ad. Just because it is not on MLS or with his realtor, have you checked Craigslist, etc? In other words you need to know for a fact.
Thanks Corn-fused. I will get that in writing. Both his realtor and he told me that for personal reasons (going through a divorce) he is unable or unwilling to list it with MLS. He would not elaborate. I will state my case to him in writing and see what his response (in writing) is. Then I will secure a landlord tenant attorney. I did check CL and only see my ad. No others. When I rented the home, there was strong demand so I believe this should rent in a week or two but markets change during the winter months. Do you think I should get an attorney before writing the letter?
Thanks Corn-fused. I will get that in writing. Both his realtor and he told me that for personal reasons (going through a divorce) he is unable or unwilling to list it with MLS. He would not elaborate. I will state my case to him in writing and see what his response (in writing) is. Then I will secure a landlord tenant attorney. I did check CL and only see my ad. No others. When I rented the home, there was strong demand so I believe this should rent in a week or two but markets change during the winter months. Do you think I should get an attorney before writing the letter?
I don't think you need an attorney for the letter/email/text, etc just to get him to admit it. It will just help your overall case down the road if push comes to shove. Just let him know your concerns about having to pay the rent for the remainder of the lease and that you don't feel you should have to pay if he is not attempting to mitigate his losses and see what he says.
Did you have a break lease clause and/or fee you had to pay to break the lease (other than the rent for remainder of the lease he is claiming you need to pay)?
Thanks Corn-fused. There was no "out clause" in the lease. Hopefully things will work themselves out without attorneys. I really tried to do the right thing and make my LL whole. I only purchased the home because he told me he would get it on the rental market and specifically listed on the MLS. Now he is not holding up his end of the deal. No realtor will let me list it either because I am not the owner of the property. In a bind here...
Thanks Corn-fused. There was no "out clause" in the lease. Hopefully things will work themselves out without attorneys. I really tried to do the right thing and make my LL whole. I only purchased the home because he told me he would get it on the rental market and specifically listed on the MLS. Now he is not holding up his end of the deal. No realtor will let me list it either because I am not the owner of the property. In a bind here...
One step at a time. See how and if he responds in writing. If he actually admits in writing that he is not going to advertise for his 'personal' reasons then it is pretty much a slam dunk. I would then let him know that he has a duty to mitigate damages in NV and if he is choosing not to then you should not have to pay any additional rent.
Is this just a single family rental and he doesn't own any other properties? I ask because I don't know of many, or any, leases that don't have some sort of break lease clause. Plus, he thinking that he does not have to mitigate and can just make you pay the rest of the lease sounds like he hasn't a clue of the laws or what he is doing.
You can be evicted the process is to regain legal possession from the tenant if they occupy or not. Pay your rent into the court and sue the LL for failure to mitigate damages, see below.
Google duty to mitigate damages and you will find loads of info on the subject but in NV the LL has a statutory duty to mitigate, the below law. This does not mean it needs to be listed via MLS though so you can scratch that off your demands. You do have a valid complaint and your best option is to get proper legal counsel.
Quote:
NRS 118.175 Liability of tenant.
If a tenant of real property abandons the property, the landlord shall make reasonable efforts to rent it at a fair rental. If the landlord rents the property for a term beginning before the expiration of the rental agreement pursuant to its terms or if, despite the landlord’s reasonable efforts, the landlord is unable to rent the property before the rental agreement is otherwise terminated, the former tenant is liable for any actual damages of the landlord which may result from the abandonment. If the landlord fails to make reasonable efforts to rent the property at a fair rental, the former tenant is liable for any actual damages of the landlord occurring before the landlord had reason to believe that the property was abandoned. If the tenancy is from month to month or week to week, the term of the rental agreement for this purpose is deemed to be a month or a week, as the case may be.
Thank you AZ Manager and the rest of you for these great comments. Sad to see your comment about not having to list it on the MLS. As a landlord myself, I have found that using the MLS that is the best way to rent out a property. I will hope for the best and prepare for the worst and document everything in writing. Thanks again.
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