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Q.I need to cancel my lease before it expires, what should I do?
A.Many leases provide that the tenant may sublet the premises to another so long as the landlord consents. In addition, the law requires the landlord to mitigate his or her damages. Therefore, when the landlord is notified that you can no longer meet the lease obligations, the landlord must try to relet the premises to another. Unfortunately, if you cannot find a suitable (financially solvent) tenant, you will have to reimburse the landlord for the costs of advertising the premises. You will also be responsible for any rent that goes unpaid while the landlord seeks a new tenant. Finally, if the landlord is incapable of leasing the premises for the same amount of rent previously paid by you, you will be responsible for the the remaining lease term for difference between the rent you were required to pay and the newly paid rent.
This can be a very difficult situation and we suggest you IMMEDIATELY contact a local attorney who practices in the local county in which the real property is located. If you feel you cannot afford an attorney to represent you in your dealings with the landlord, at the very least spend a little money on getting specific advice tailored to your particular situation. Oftentimes, an attorney will advise you on what to say and how to say it for a nominal fee.
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