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chickalicious · Nov 10, 2011, 07:04 PM

I moved out of my apartment 3 months after renewing my lease because I was burglarized and feared the safety of my family. Since August I have been trying to sublease my apartment because my landlord wouldn't let me out of the lease, even considering the circumstances. Since I have moved out the landlord rented the garage space that was including in my lease to the new tenants in the building! I have had several prospectives interested in my apartments byt since there is no longer a garage space they chose not to rent my unit. Parking is a valuable aspect to renting an apartment in my neighborhood since parking is so scarce. So my question is, since my landlords actions have directly afftected my ability to sublease my apartment, is that a breach in contract?

AK lawyer · Nov 10, 2011, 07:12 PM

Originally Posted by chickalicious

... So my question is, since my landlords actions have directly afftected my ability to sublease my apartment, is that a breach in contract?

Actually, no, you breached the contract, not the landlord. So the question is whether the LL's letting the garage to another tenant exclused your duty to mitigate the LL's damages. You could make that argument.

ScottGem · Nov 10, 2011, 07:20 PM

First, ANY question on law needs to include your general locale as laws vary by area.

AK is right, you breached the lease by moving out. A burglary is not a valid reason to move. Unless the landlord did something that made the property less secure, you had no grounds to move out.

On the other hand, depending on where you are, the LL does have to make a good faith effort to re rent the property. You can make the argument that his renting the garage is a violation of his requirement. But you would have to make the argument in court.

chickalicious · Nov 10, 2011, 07:35 PM

The property is in chicago

Fr_Chuck · Nov 10, 2011, 08:45 PM

The land lord has to try to rent the apartment since you have moved out. If the landlord is not trying, it may end your obligation on future payment.

Next if part of the property you were renting was rented to someone else, that also may release you from future payments.

And since they rented it to someone else (partial) if they court decides you do still owe, you may owe less since partial was already rented.

But to see if you win, you have to stop paying, have landlord sue you and fight it in court.