Legal Question in Real Estate Law in North Carolina

Breaking a lease to buy a home
In 2002-2003 we were renting a home and involved in a lease until January 2004. During our lease, the owner of the home put the house on the market for sale without notifying us. We just came home one day and there was a for sale sign in the yard. We decided we were going to purchase our own home and did so using the real estate agent who represented the homeowner of the rental property. She (the real estate agent) knew when we were moving out and she was also given 60 days written notice. This was to happen 4 months shy of our lease ending. No effort was made to re-rent the property and it was subsequently taken off of the market for sale. Now, they sent a letter asking for the remainder of the rent through January and damages to the property. As the property manager represented us on the sale of our new home while knowing we planned on moving, can she be held liable for conflict of interest? And, once a landlord receives notification of tenants moving don't they have to make a concerted effort to re-rent the property?

Asked on 2/07/04, 5:29 pm

1 Answer from Attorneys

Jim Griffin The Law Office of James L. Griffin

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Re: Breaking a lease to buy a home

You will likely be responsible for the full lease under these circumstances. Despite the fact that you gave 60 days notice you still were 4 months shy of the lease term. The property owner does have a duty to try to re-rent the property to mitigate damages but here, the property was taken off the market. There is no duty to keep the property rented under these circumstances. I may have an alternative solution to retaining an attorney to help with with this and any other leagal issues that may arise. If you would like more information, please e-mail me and I will send it out to you.

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Either way, I wish you good luck.

Answered on 2/10/04, 3:24 pm

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