How can I break a lease after being relocated by my company?

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How can I break a lease after being relocated by my company?

I have been relocated by my company. I gave my landlord 3 months notice and an official letter from my company. He still expects me to pay the reminder of the lease (another 6 months). How can I get out of this lease?

Asked on October 20, 2010 under Real Estate Law, Connecticut

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You will only be liable for the rent until another tenant leases the premises.  When another tenant leases the premises, your obligation to pay rent for the balance of the term will be extinguished.  The landlord cannot allow the premises to remain vacant for the remaining six months of your lease.  The landlord has to mitigate (minimize) damages by reasonable measures to re-rent the premises.  What is reasonable on the part of the landlord is determined by what other landlords in the area are doing to attract tenants.  For example, posting of a sign advertising the vacancy, advertising in the newspaper or a rental guide, etc.

You may be able to argue that by giving the landlord three months notice, that should have given the landlord reasonable time to find another tenant. 

If the landlord does nothing and allows the premises to remain vacant for the remaining six months of your tenancy, the landlord will have failed to mitigate damages and the damages will be reduced accordingly.  Damages refers to the amount the landlord is seeking to recover in the event the landlord files a lawsuit against you.

 


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