What can be done if a landlord fails to mitigate their damages?

UPDATED: Jul 16, 2011

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What can be done if a landlord fails to mitigate their damages?

I moved out of my lease early, gave my landlord over 30 days notice and made an agreement with him that I would continue to pay rent until he could find a new tenant. I had the home/carpets professionally cleaned, and have continued to pay rent. I even offered to try to find replacement tenants but the landlord refused. It has been over 3 months now, and he has not even advertised the place for rent or returned our security deposit.

Asked on July 16, 2011 under Real Estate Law, Colorado


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Have you actually been paying for the time period where you were obligated to pay the landlord rent that  because of your early move out? If you have, then the landlord has no incentive to advertise for your rental (and new tenants) and actually has no obligation to do so unless you have an agreement that he can.

If you have not been paying rent for the period that you are not occupying the unit you rented, has the landlord made any inquiry of you for payment? If not, then by his or her own conduct an argument cold be made that future rent payments by you is not expcted, but this is most likely not to happen.

To protect your interests, you need to send a written letter to the landlor advsing him or her of the need to advertise to rent out your former unit for the duration of what is left on the lease and that if you are making payments while not living in the rental, then you will be stopping the payments. Keep a copy of the letter. You'll get a prompt response from the landlord.


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