Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP
Posting-Version: version B 2.10.2 9/18/84; site ccice1.UUCP
Path: utzoo!watmath!clyde!burl!ulysses!allegra!mit-eddie!think!harvard!seismo!rochester!ritcv!ccice5!ccice1!bwm
From: bwm@ccice1.UUCP (Bradford W. Miller)
Newsgroups: net.legal
Subject: Re: Re: Breaking Lease on Apt.
Message-ID: <362@ccice1.UUCP>
Date: Thu, 22-Aug-85 11:09:16 EDT
Article-I.D.: ccice1.362
Posted: Thu Aug 22 11:09:16 1985
Date-Received: Sun, 25-Aug-85 04:13:49 EDT
References: <1657@orca.UUCP> <6100004@prism.UUCP>
Reply-To: bwm@ccice1.UUCP (Bradford W. Miller)
Organization: CCI Central Engineering, Rochester, NY
Lines: 24

In article <6100004@prism.UUCP> jib@prism.UUCP writes:
>
>You are AT MOST liable for the rent until the end of the lease period.
>It is NOT a courtesy for your landlord to forgive the amount that he
>obtains from a later tennant.  The landlord MUST give you credit for this
>amount and furthermore has a duty to mitigate the damages by attempting
>(by reasonable means) to release the apartment.  (He may, however, charge
>you for running ads, or an real estate agent's fee).
>
Tut, tut. This depends ENTIRELY on state law. In ohio, when I broke a lease,
the court frowned on the 'liquidated damages' quoted in the lease, and said
I could only be charged ACTUAL damages while the landlord made every attempt
to relet the apartment (that is, I could be charged with the rent until it
was relet, but if it was more than 1 month's rent, the landlord would have to
PROVE they really could not find another tenent for good reason).

In New York, the landlord is free to sue you for the entire remainder of the
lease, and relet it as well!! That's because in New York, the lease is not
really given much special staus over other contracts. You broke it, but
you are still liable for the full amount of the contract.

Brad Miller
-- 
..[cbrma, ccivax, ccicpg, rayssd, ritcv, rlgvax, rochester]!ccice5!ccice1!bwm