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Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc.

Need to break lease, haven't even moved in yet

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Old Jun 5th, 2008, 10:25 AM     #1
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Thumbs Up Need to break lease, haven't even moved in yet

My daughter has been attending school in Colorado. She wanted to change residences, and signed a year leasein May to rent a room in a house turned into apartments. Shortly after, had some devasting personal issues, returned home, is going through counseling at home and does not want to return to school so far away. She does not begin renting util August. She is 21, signed the lease with our income information, we have not seen the lease, do not have a copy, but they say we must pay or find a sublet.. Is there any way to get out if we can not find a sublet?
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Old Jun 5th, 2008, 11:47 PM     #2
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Default Re: Need to break lease, haven't even moved in yet

Unfortunately your state law says the LL has no duty to look for or rent to another tenant once he has signed a lease. (Most states' laws say the LL must mitigate damages, but not in CO.) I'm afraid you need to find a subleasee or (better yet) someone to sign a new lease with the LL for her place. Start advertising in campus papers or in the college's housing office. Speak to the LL and ask if he would like to screen the new applicant and sign a new lease with them. Does he know the extent of the personal issues she has? (He may be more sympathetic if he did.) Hope it works out for her.
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Old Jul 26th, 2008, 08:14 AM     #3
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Default Re: Need to break lease, haven't even moved in yet

Having the same issue in south carolina. What does the law say for this state?
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Old Jul 26th, 2008, 07:52 PM     #4
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Default Re: Need to break lease, haven't even moved in yet

In SC, the LL must take steps to attempt to re-rent the unit and mitigate your damages. You are still responsible for the unpaid rent, advertising, agent fees, and other unreimbursed monies, but the court will cap these amounts (normally at a couple of month's worth since they expect the LL to be able to find a new tenant in that time.)
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