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if the op is concerned and if it is worth it to the op then i suggest contacting a good attorney on that subject .
that is the only way they will know the real deal . guessing from what you read on the internet is not going to mention the real in's and outs of the states laws.
manipulating the state surrender and control laws are not easy to find or understand as a layman since they fall under what is called a states general operation of law and you will not find it an any tenant bill of rights or housing laws ..
it is like you will not find one single thing in tenants rights that says a landlord in ny no longer has to mitigate damages . but those who do real estate law follow the cases so the fact you don't isn't a law but set by case precedence
Last edited by mathjak107; 06-07-2015 at 04:04 AM..
if the op is concerned and if it is worth it to the op then i suggest contacting a good attorney on that subject .
that is the only way they will know the real deal . guessing from what you read on the internet is not going to mention the real in's and outs of the states laws.
manipulating the state surrender and control laws are not easy to find or understand as a layman since they fall under what is called a states general operation of law and you will not find it an any tenant bill of rights or housing laws ..
Exactly, and I have advised the OP to do so in DMs that I have been sending them. The articles and links were only to let him know that it is well worth fighting for it or checking into it further with an attorney.
An attorney may or may not be worth the cost. I understand the concept behind what you're saying, but the necessity of using an attorney to use this approach is cost-prohibitive for most tenants.
The duty to mitigate is not nebulous or complicated. It can be brought in small claims court, where a small claims court judge can decide. This has worked for me and friends. It's not normally worth the cost of an attorney which would also require the cost of civil court, since attorneys can't represent someone in small claims court, normally. This means greater cost, and greater delays. Small claims court works fine and is much cheaper and faster.
This article has a simple explanation, written by lawyers, with a sample letter regarding a landlord's duty to mitigate damages:
it all depends how much is going to end up being involved . in my ex's case it was over 3k.
don't forget this amount can be open ended for as long as it takes to re-rent.
9 out of 10 times the tenant can owe nothing since most landlords mistakingly take control back day 1 without realizing what their actions do
Some states allow a termination fee, regardless of when they take control - not many but a few do. Perhaps that's what your wife's situation was? And using this technique allowed her to get out of the termination fee?
But, the duty to mitigate is not open ended. The landlord must make a reasonable effort to re-rent. The courts have generally expected 30 days to be plenty time, even in a slow market. The link I proved above to the Nolo article on this, actually explains that a landlord can be held liable if he/she doesn't make a reasonable effort to re-rent.
My intent here is to let the lower-income tenant know that this can be fought without an attorney. It's a cheaper and simpler way to skin the cat, so to speak, for most tenants. But, as you say, it just depends on the situation.
I'm curious, though, how much did your wife's lawyer cost out of the $3,000 she was trying to get back? How much did she actually net?
there really is no definition of what is an acceptable attempt at mitigating damages, it is all up to the whim of the judge. but what is very clear is what happens when the landlord blows it and takes back control of the apartment a day after the tenant moves.
a landlord must make the mitigating very clear and in fact should get written consent from the tent that he is doing this on his behalf. if the landlord gets more rent , in many states has to give anything more than the tenant was paying to the old tenant until the new lease takes over and the old tenants lease ends.
states are usually far more clear on the double dipping part than what constitutes mitigating damages.
as far as my ex , legal advice is free , our son is an attorney. but typically 300-500 will get you a consultation , not with him but with others in the real estate industry.
Last edited by mathjak107; 06-07-2015 at 04:05 PM..
...and in many cases, (depending on the situation, state laws and the judge) the tenant can be awarded treble damage plus court costs and attorney fees if they win.
Not Double Dipping You wanted out of your contract! You paid You covers part of the cost for the LL to get it Ready for a new tenant. Adv & find a decent or better tenant than you. Things he was not expecting to do until your contract ended.
Not Double Dipping You wanted out of your contract! You paid You covers part of the cost for the LL to get it Ready for a new tenant. Adv & find a decent or better tenant than you. Things he was not expecting to do until your contract ended.
Could you please provide some law to back up your advice here? Thanks.
Could you please provide some law to back up your advice here? Thanks.
The law is the contract, it states the fee is for early termination of the contract much like your cell phone or satellite contracts. If it was rent it would be double dipping but it is not rent it is a completely separate fee. It is almost like you guys think anything paid is for rent, security and cleaning deposits are not last months rent the same way this early termination fee isn't rent.
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