Legal Question in Landlord & Tenant Law in Utah
I am 1 year into a 2 yr lease, my job has relocated me and I need to break the contract. The company buy out is only good for 2 months of the lease, however the landlord will not except that. He wants the full 10 thousand dollars. I have offered to find tennents to replace me in the house and I would still be responsible for the damages and rent. And he wont except that either. I aslo asked him if i gave hime the money what he would do, he stated that he would rerent the house or just move in and use the money i gave him to may the mortage for the year, I feel like i am stuck here, he is not being cooperative at all. I understand that i have legal obligations to the landlord and i plan on keeping them, but i would like a little less expensive way of doing that.
1 Answer from Attorneys
If this is a residential premises, the landlord has a duty to accept a new tenant who agrees to assume the lease, provided the change is reasonable. This usually means the landlord can reject a replacement tenant that doesn't pass a credit check, etc., but simply deny the change because they want to keep you on the hook or they don't have a "good feeling" about the person agreeing to assume your lease. Additionally, if you move out, the landlord has a duty to take reasonable measures to re-rent the property. He can't simply move back in and keep taking your rent money until the lease runs out. Job changes and other circumstance change routinely for renters, and Utah statutes provide some protection for residential tenants in your situation. It also provides for stiff damages against landlords that don't comply - and a landlord can't contract their way around these provisions. They apply regardless of whether they are stated in your lease or not. If you would like to discuss the situation more, fee free to give me a call: (480) 231-4684.