Skip to main content

Landlords duty to mitigate damages

Millersville, MD |

We broke our lease due to unexpected medical expenses. The house has been listed for sale and rent for 44 days, had 40 showings (mostly rentals) and had 6 application (that we know of). 3 application have been turned down and 3 are a mystery. We've been told they've been pending for 9 days. . . hmm. . . yeah, right. We believe the owner is trying to hold out to sell on our dime. His desire to sell, the mystery of the applications, him not addressing our inquiries, and the fact that he listed the house for $300 more per month ( therefore "Significantly altering the rental terms in a way that makes the unit more difficult to rent ") leads us to feel he is not doing his due diligence to mitigate. Does this sound right or are we off. (the market and comparables due not support the $300 hike)

additionally, 44 days ago the property was listed for $300 more, we mentioned duty to mitigate to the property manager and 2 days later it was down $200. 6 days ago it went back up. When we contacted the property manager, she said it was a new lease and his right. Well, 40 showings at the lessor amount, and no tenant cleary indicates even that was too high as fair market value. We truly believe that he's trying to sell. We just don't know where to go from here. we don't want to accuse but we don't want to be jerked around either. Help!!

+ Read More

Attorney answers 2


It sounds like you need to talk to a local real estate attorney. This has too many moving parts for a simple web answer.

This is not legal advice and is not intended to create an attorney-client relationship. The post is only an opinion. You should speak to an attorney for further information. The poster is licensed only in CT & NY. You can reach us at If this post is useful to you, please remember to upvote it.


Just an observation-- I've read at least four questions on the same topic, all from Millersville, MD. I am positive it is the same person asking about the same situation. All of the questions are framed differently enough to produce conflicting answers. None of the questionss have all the facts. You are doing yourself a disservice, and you are getting muddied advice.