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veebee1224 · May 25, 2007, 05:20 AM

In December 2006 my daughter moved out of an apartment because it was a bad situation, unfortunately she did not document anything, and was afraid to express herself because of retaliation. The apartment was owned by a student who lived there and her mother.

I signed the lease with my daughter and have been paying for this lease for the last 5 months. The individual who owns this will not compromise at all. June and July is now left. I don't want to pay it, but want to know my rights. Since she has received five months of rent and security I feel this was ample time to rent the place.

Recently I had someone call up to see if room in apartment was rented. The owner/student indicated it was rented I cannot find out if this is rented or not without physically seeing it. I live 4 1/2 hours away.

Please advise at once?? Thanks

excon · May 25, 2007, 05:29 AM

Hello veebee:

In most states, upon a lease being broken, a landlord is required to "mitigate" the damages. That means he has to rent the place as soon as possible and can't just sit there collecting rent.

I would sue them in small claims court for ALL the rent you paid, and make them prove when they rented it.

excon

Fr_Chuck · May 25, 2007, 05:32 AM

Refuse to pay, tell them that since it was rented that ended your obligation. ( which it does, you were responsible to pay till either the end of the lease or till it was rented)

And can't daughter who lives in area just go by and see if someone lives there, heck even pay one of her friends ( big male type) to go by and find out. Also if you find out it has been rented for several months you can sue them for the money you have already paid.