Wouldn't Show My Unit

[Gail in Georgia]

As a general rule (very general), a landlord has 2 months to replace a tenant that breaks a lease and leaves.

This is why leases in states that allow such will require two months worth of rent after the appropriate notice that the tenant wishes to invoke the early termination clause.

Gail

 

[adjusterjack]

As a general rule (very general), a landlord has 2 months to replace a tenant that breaks a lease and leaves.
This is why leases in states that allow such will require two months worth of rent after the appropriate notice that the tenant wishes to invoke the early termination clause.
Gail

Sorry, Gail, irrelevant and incorrect with regard to Texas. The statute (quoted by Zigner in post #6) says only that a landlord has a duty to mitigate. It doesn't say how long mitigation may take. In fact, the Texas Court of Appeals has made it clear that the jury must decide whether the mitigation was reasonable based on all of the circumstances. "The final test...must always be whether the evidence at trial would enable reasonable and fair-minded people to reach the verdict under review." Zaid v. Weigarten Realty Investors, Tex Court of Appeals, 9th District 2011 citing City of Keller v. Wilson 2005.

https://scholar.google.com/scholar_case?case=4025154520183071056&q=91.006&hl=en&as_sdt=4,44

As for any two month early termination clause, that would be a waiver of the mitigation statute and be unenforceable.

 

[Zigner]

I'm leaning in adjusterjack's direction on this. I missed the fact that the OP continued to pay rent. There was nothing for the LL to mitigate, as there was no loss of rent.

 

[PayrollHRGuy]

Here:

Man talk about burying the lead. I agree that nobody was in default of the lease until the OP stopped paying.