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Is Landlord Responsible for Losses From Fire Damage?
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I was renting a room in a house, but I have since had to move out. I have been going through some tough times -- (anxiety and depression. The living conditions were unhealthy for me, so I am now stuck trying to find someone to sublease my room. I simply can't afford to pay rent at two homes. I was trying to find out if there is any way to break a lease in this type of situation. If not, is there a way that I can "buy out" my lease?
Property manager Griswold replies:
While it is understandable that your personal issues are serious challenges for you, they are not legal grounds to unilaterally terminate your lease. You have a business relationship with your landlord and a contractual responsibility to meet, regardless of your situation. So unless you have a legitimate basis to claim that your landlord breached your rental agreement, you must fulfill your legal obligation.
However, I would advise you to contact the landlord and see what you can work out. He may be understanding and work with you or unilaterally agree to release you from any further commitment under the lease. This would be completely voluntary by the landlord.
If that doesn't work, then you can make a financial offer to your landlord to buy out the lease, but the landlord does not have to agree. However, the landlord must make an effort to mitigate or reduce the potential loss in future rent obligations by attempting to re-rent the room to someone else.
This column on issues confronting tenants and landlords is written by property manager Robert Griswold and San Diego lawyers Steven R. Kellman, director of the Tenants Legal Center, and James McKinley, member of the Moffitt & Associates law firm, which represents landlords. E-mail your questions to Griswold atrgriswold.inman@retodayradio.com. Questions should be brief and cannot be answered individually.
2007Inman News Features Distributed by Inman News Features
