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

UPDATED: Feb 9, 2012

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 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.).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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