Legal Question in Landlord & Tenant Law in Arizona
My little brother signed my mothers name to a lease at ASU. He never moved in. I know this will sound silly, but from what I've seen on TV court shows, the landlord has to try to mitigate their damages by trying to rent the aparrtment. They basically told my mom, why should we re-rent it to someone else when we can collect from you? Can they do that? Also, my mother never signed the lease and they know that, can they still come after her for the money?
1 Answer from Attorneys
They can come after her, but that does not mean that they will succeed. You are correct, the landlord does have a duty to mitigate damages, but the salient question here is whether the lease is valid and enforceable. Before this gets out of hand and your mother will be forced to incur substantial legal fees to defend against the landlord's claims, she should hire an attorney at once, and put a stop to this.
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