I signed a lease agreement, and the move-in date is not for a few months. If I have given them reasonable notice, and then fail to move in on the move-in date, is the landlord legally obligated to try and mitigate damages and find a replacement for the lease? They have told me that they are not, but my own research seems to suggest otherwise.
You don't indicate whether this is a residential or commercial lease, or what jurisdiction the lease is in. But assuming it's residential and the property is here in Maine, your landlord has a duty to "mitigate damages". This generally means the landlord must make reasonable attempts to re-let the premises. However, assuming the landlord can show the it TRIED to re-let or otherwise mitigate damages, it would be up to you to prove in court that those efforts were unreasonable. That's not necessarily an easy task, and in fact can be quite difficult. That said, in this market, I'd be surprised if the landlord couldn't replace you as a tenant fairly easily.
If you need to discuss this further, please contact me privately.
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