Is a tenant liable for rent on remainder of a lease only for as long as it reasonably takes landlord to re-rent?

UPDATED: Jul 18, 2010

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Is a tenant liable for rent on remainder of a lease only for as long as it reasonably takes landlord to re-rent?

How long is reasonable time?

Asked on July 18, 2010 under Real Estate Law, New Jersey


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

What you are referring to is, I believe, the landlord "mitigating" the circumstances but not all states have that as a law anymore.  You have a lease and you are moving out before the lease ends, correct?  Read your lease.  What does it say about breaking the lease and leaving early?  Generally, you are responsible for paying under the terms of lease until the lease term is done.  So in answer to your question you are liable until the end of the lease.  If, however, the landlord agrees to letting you out of the lease then you will not be liable.  But it has to be in writing to be valid.  Good luck.

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