When Tenants Have to Break a Lease

When all else fails and you have to break your lease as a tenant, whether in the commercial or residential setting, you know your landlord must mitigate their damages and find a replacement tenant. However, what if your landlord is not doing their due diligence?

When a tenant decides to break a contract, they know that they can still be liable for rent payments until the property is re-rented. Nonetheless, the landlord has a responsibility to lessen their own losses and maintain a healthy rental market by taking steps to re-rent the property.

There are numerous actions a tenant might take to prove a landlord's negligence if they feel that their landlord is failing to mitigate their damages.

1. Keep track of all communications: The tenant should keep track of all communications with the landlord regarding the re-renting of the property. Emails, phone calls, and letters fall under this category. The tenant must also keep a log of all correspondence, including the times and dates.

2. Look for advertisements: The tenant should routinely check local classifieds and internet rental listings to determine whether the property is being listed for lease. If the property is not publicized, the landlord may not be making a sincere effort to re-rent the space.

3. Request updates: The tenant should often ask the landlord for updates on the condition of the property. All showings, applications, or offers for the property should be disclosed by the landlord.

4. Search for further clues: The tenant can search for additional clues that the landlord is not making a sincere effort to re-rent the property. For instance, it can be a sign that the landlord is not interested to rent the unit, if the unit needs repair or if the landlord ignores requests for repairs.

5. Get legal counsel: If the tenant thinks the landlord is not doing enough to limit damages, they should get legal counsel from a landlord-tenant law expert. The lawyer can explain the tenant's options and inform them of their legal rights.

The landlord's legal duty to mitigate damages can protect the tenant from a landlord's commercially unreasonable actions or negligence in trying to maximize the economic value of their property. Even though landlord does not have to do much, if it is failing in performing its legal duty, a tenant should be able to defend itself from the damages caused by landlord's failure.