What can I do about terminating my lease early since I am being transferred at my job?
Full Question:
Answer:
You should carefully review your lease agreement to determine yours and your landlord’s rights and obligations regarding the rental property at possession, termination of the lease agreement and payment and return of required deposits.
If the lease terms don't allow for early termination, it is a matter of negotiation with the landlord to allow for such. A tenant with a written lease who needs to relocate for a new job may not terminate a lease early without fault on the part of the landlord or lease terms allowing for early termination. Typically the landlord will want some form of compensation for allowing the lease to be terminated early. Finding a replacement tenant may induce a the landlord to agree to early termination. If the lease is assigned to a new tenant, rather than terminated, the landlord may request that you remain liable on the lease. Therefore, in such cases, it is preferable for the tenant to have the lease terminated, rather than remaining liable on the lease if the new tenant it is assigned to defaults. It may also be possible to negotiate wqith a new employer for relocation expenses.
The landlord has a duty to mitigate (lessen) damages by making reasonable attempts to relet the premises. The amount of rent received by reletting the premises for the remainder of the lease term is deducted from the damages the landlord can claim.
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