How can I prove that my landlord didn’t put in enough effort to re-rent the apartment?

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How can I prove that my landlord didn’t put in enough effort to re-rent the apartment?

I have a person willing to lease this apartment. He will lease it until the end of my lease at the same rent I am paying. Should I send the apartment a mail stating the same? Should I copy the prospective tenant?Or should the prospective tenant send the mail copying me? Will I be able to prove that the apartment guys did not put effort to re-rent it (in case they ask me to pay the rent for the whole time)?

Asked on February 9, 2012 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Any of the suggestions you make would work; probably the best would be to have the prospective tenant send you something in writing indicating that he would like to lease the premises; you then send that to the landlord with a cover letter indicating that you've found someone to re-rent it. Send your letter in a way that you can prove delivery (e.g. certified mail with return receipt).

If you are sued for the rent, you could try to defend on the basis that the landlord did not mitigate damages, or try to reduce his/her losses by re-letting the apartment. You could provide the above as evidence; you could also cross-examine the landlord at trial as to the steps he has taken, and try to force him to establish that he did the usual and normal things (e.g. online and/or newspaper add; list with realtor or apartment broker; etc.).


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