Q: If I break my 1 year lease agreement with 4 months remaining and my landlord decides to move back into the home,
Is it considered subleasing? Would I still be held reliable to pay the remaining months rent?
A:
If the place is immediately 're-rented' likely no, you won't owe additional.
You may be liable for 'damages' but if there were no damages ....
HOWEVER, before relying on this it would be wise to have a local lawyer review your lease and all the facts to insure there might not be other issues looming that you're not anticipating. There is no 'one size fits all' calculation here -- the facts of your case matter -- seek local representation.
--I am licensed to practice in Michigan only. This answer is offered for information only and does not constitute legal advice nor create an attorney/client relationship. Please seek licensed local representation if you have further questions.
A:
Your landlord has a duty to mitigate their damages. If they lease the property out immediately, then it is unlikely that they will have an action against you for back rent. They do have the right to pursue you for any material damages that you may have caused- so make sure that you timely complete a "check- out list" or received a check list for any damages from your landlord.
Finally, remember, leases are contracts and taking legal action is unique to each person's situation. You should have a real estate attorney review your lease further before you take or fail to take action. See more at www.provenresource.com
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