Legal Question in Real Estate Law in Nevada

My wife and I currently have an apartment lease that will not expire until March of 2010. We signed a 2 year lease instead of a 1 year lease so that we can bump down the rent from $825/month to $800/month. We needed to terminate the lease early because we purchased a home and we already moved out and clean the apartment including the carpet. We asked the landlord if we could break our lease early and we are willing pay an early termination fee. The landlord responded that the owner wants us to either find a new tenant or pay the whole term of the lease. The landlord is willing to help us find a new tenant and she posted the ad on Craigslist. The ad she posted states that a minimum of 1 year lease is required and the rent is $825/month. Considering that our lease will expire in less than a year and the rent stated in the contract is $800/month are these grounds for us to terminate the lease since this Craigslist ad pretty much breached the terms of our contract? I did verified with the landlord verbally if the minimum 1 year lease and the $825/month is the owner\'s decision and she said yes. Thanks in advanced for your time and help.


Asked on 7/29/09, 3:00 pm

1 Answer from Attorneys
Nina Ortega

If you find a creditworthy tenant willing to pay $800 per month for the remainder of your lease term and your landlord refuses to accept the new tenant, you are released from further obligation under your lease. This is because landlords are obligated to "mitigate damages". You should place your own Craigslist ad. Remember, you will need to be able to document that the replacement tenant you found was creditworthy with good references and willing to take over your lease.

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Answered on 8/03/09, 3:14 pm


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