[TheRainyCity]

I have broken a lease before by finding qualified applicants, so when my brother was relocated for a job, I recommended he do the same, instead of paying it out in full. This turned into a much more complicated issue than anticipated.

My brother found a qualified applicant for his apartment in a building complex, and the landlord was happy with the results, so he moved out. (I told him to seek multiple, but he only got one)

Now about a month later, he receives a phone call indicating that the new applicant "flaked out" and did not sign the lease or move in. During this phone call, he demanded the remaining amount of the lease "today", or threatened to peruse legal action if he did not. I believe the amount requested is around $2300 or so. The landlord is a bit reluctant to provide any sort of invoice.

The phone calls are in significant number, harassing, and aggressive. You know, like those bill collectors that can put people into tears.

And while I know he is probably still on the hook for this lease, I am wondering:

a) what have others done when the new applicant does not sign?
b) what sort of "legal action" can he be faced with?
c) the landlord seems to have neglected to notify my brother in a timely manner regarding this issue. However, the collection time frame seems to be extremely short. Is this okay?
d) can I trust the landlord regarding this event being pre-lease signing with the new applicant?

[TheRainyCity]

Update: The landlord says that since they had apartments vacant before my brothers, they are not really making an effort to re-rent it. The guy even claimed that it was a law to rent out the first available apartment first before his.

[excon]

Hello Rain:

Couple things. In SPITE of what the landlord says, and if the apartment ISN'T in Florida, the landlord is required to mitigate your brothers damages.. That means he MUST re-rent the apartment as soon as he can, and it doesn't matter how many other vacant apartments the landlord has. Your brothers apartment MUST be FIRST.

Second thing is that the landlord MIGHT be responsible for the new tenant not signing or moving it. Especially since the landlord apparently TOLD your brother that it was cool. It's going to be a problem if your brother DOESN'T have that agreement in writing...

Under what circumstances did the new tenant "flake out"?

I'm not sure your brother owes anything... But, that doesn't mean the apartment complex agrees with me. They obviously DON'T.

But, that's cool. Maybe a judge WILL. I'd have your brother write the landlord a certified letter telling the landlord exactly what I said. Tell the landlord further, that if he disagrees, he'll see him in court. I would accuse the landlord of failing to secure the new tenant. Your brother supplied him, and that's the end of his responsibility.

At the worst, your brother won't lose any more than the landlord is trying to collect. He just needs to stand up, and not be intimidated. It's only money.

excon

[ScottGem]

First, your brother should have not moved out without getting a release from the landlord in writing. But the landlord is required to make a good faith effort to rent the unit.

The landlord can't sue him until the lease is up. Because otherwise he's admitting he's not trying to rent the unit.

So if he does sue, yor brothers argument is that he found a replacement that the landlord approved. If this replacement backed out that's not your brother's fault and the landlord needed to try to replace him.

Whether this will fly or not I can't say.

[Lowtax4eva]

I'd agree that your brother should not have moved out without something in writing from the landlord stating he was released from the lease or confirmation that the new tenant signed a lease.

For real estate verbal contracts are not valid, everything must be in writing

I think that he will be liable to pay at least one month but it's the landlord's responsibility to find a new tenant if there was a verbal agreement that he would be released from the lease when a new tenant was found.