Q: Am I responsible for paying rent until a new tenant takes occupancy?
When I requested to terminate my lease early, my property manager emailed me stating "The landlord has agreed to release you from your lease upon the following conditions.
1. *60 day notice, and provided at the time of said notice there is not a rental waiting list at the apartment complex
2. We find an acceptable tenant
3. Liquidated damages to the landlord equal to 1 months rent
4. All other terms of the current lease are complied with. "
I agreed to the conditions above and gave a 60 day notice in April. However, now my property manager is saying she found an acceptable tenant but she can't take occupancy until August 1, therefore I am responsible for the July rent and leaving the utilities on.
The new tenant's occupancy wasn't a condition in the landlord's agreement, and the property manager refuses to provide the landlord's contact information. Am I legally responsible for paying July's rent?
A: If you requested and received those conditions in writing and then your landlord signed a written release at the time the conditions were fulfilled, you have a novation to prove that your were released from further rent. If you do not have a signed agreement and a signed release, you may have the burden of proof in Court that there was an agreement as you stated.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.