Am I legally obligated to list my rental property for same monthly rent and conditions as part of my duty to mitigate damages?
My tenant is breaking her 2 year lease due to new job relocation. Based on current rental comps by my listing agent, property value is $200/mo. more than what the current tenant is paying. Tenant stated that if a claim for damages is filed against her, she will us this a her defense, saying that I did not advertise the property for the same monthly rent and conditions to mitigate loss/damages.
It is unclear what you mean by conditions, and the facts here will matter a lot. Your tenant has an obligation to abide by the terms of the lease. If she moves out and stops paying you have a claim against her for non-payment, which is subject to a requirement for you to act reasonably to mitigate or reduce your damages.
You should try and rent it out in the manner you would normally do so. After all, any money you collect is money in your pocket and not money you have to chase from a former tenant. Your former tenant does not get to reduce her potenial liability by the hypothetical value of the property, but if you rent for an unreasonable amount she could claim you were not correctly mitigating your damages. It would be very advantageous to talk to an attorney to advise you on this issue, and how to proeceed so that you can minimize your time and expense in collecting under the obligations on the lease.
Your tenant cannot breach a legally binding lease. You can ask any amount of rent as you chose even they do not match with the comps. There is no defense to breach of lease as I can see in the given circumstances.
Only see a licensed attorney before you make any decision. This answer may not be perfect in any given situation.... more
Only see a licensed attorney before you make any decision. This answer may not be perfect in any given situation. However, more fact may be required by your local attorney. If you are in Las Vegas, you are welcome to send your questions regarding Chapter 7, or 13 to Attorney Malik Ahmad at Malik@lasvegaslawgroup.com or www.fastbankruptcynevada.com or by calling (702) 270-9100. In many cases, we do not charge initial consultation fee.