Does a Landlord Have to Rent to Another Tenant if I Break My Lease?
Full Question:
If it is necessary to terminate a commercial lease in Arizona, is the tenant relieved of financial liability if the property is leased to someone else and is it the landlords duty to seek a new renter, as in California law.
12/01/2009 |
Category: Landlord Ten... ยป Lease Termin... |
State: Arizona |
#19860
Answer:
The landlord has a duty to mitigate (lessen) damages by making reasonable attempts to relet the premises. This generally means that the landlord must advertise the premises and make attempts to show the premises to prospective tenants. The rent received from a new tenant is deducted from the damages the landlord may claim against the former tenant. It will be a matter of subjective determination for the court, based on all the facts and circumstances involved, whether reasonable attempts have been made to relet the premises. Some of the factors that may be considered, among others, include the reasons for turning down the prospective tenants and whether the landlord is in fact out of town and unable to show the premises.
