Must the landlord make a good faith effort to re-let an apartment after an early lease termination?

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Must the landlord make a good faith effort to re-let an apartment after an early lease termination?

I am currently renting and terminating my lease early. I understand that I am liable for the remaining rent under the lease agreement. Is the landlord required to make a good faith effort to mitigate damages? i.e. Make an attempt to rent the apartment? I have given my 60 day notice to vacate as of the17th of next month but the landlord is showing it available to rent on their website as over 2 months later, just about my original lease ending date. The lease does state, “We’ll exercise customary diligence to re-let and minimize damages”. Seems to me that listing the apartment as available as of the end of next month would be the least effort they could make to mitigate damages.

Asked on March 8, 2012 under Real Estate Law, South Carolina

Answers:

Hong Shen / Roberts Law Group

Answered 9 years ago | Contributor

You are right the landlord does have a duty to mitigate by using reasonable effort to relet. Whether this two month delay is reasonable depends the actual circumstances. Does the landlord just sit on the property? Did he do modification? You need to find out what exactly happened during that time in order to decide whether this delay is reasonable.


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