Legal Question in Real Estate Law in Colorado

cannot afford rent - landlord would not let us break the lease

We are experiencing financial difficulties and need to break the lease. we found several people interested in the apartment, and gave our landlord over 6 weeks notice, but our landlord insists that we are liable until the end of the lease (january 2002). Since we cannot afford to pay the rent and the landlord would not let us leave can we just stay and not pay rent until the end of the lease? What are the legal implications of this?


Asked on 5/21/01, 3:42 pm

1 Answer from Attorneys
Garry Hanlon

Re: cannot afford rent - landlord would not let us break the lease

No, you must move out. However, his failure to

have a proper reason for not permitting the relet

of the premises will be held against him in any

subsequent action by him to recover rent for a

period when you are not in the premises This is

because he has an obligation to mitigate damages

in a residential lease setting

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Answered on 6/22/01, 10:51 pm


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