If I break a commercial lease but give a 30 day notice, am I still legally responsible to pay for the remainder of the contractual rent terms?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I break a commercial lease but give a 30 day notice, am I still legally responsible to pay for the remainder of the contractual rent terms?
Asked on September 19, 2012 under Real Estate Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Whether or not you are liable for the remainder of the contractual rent term will depend on your lease and the your landlords ability to re-rent the property.
Many leases have provisions that obligate and contractually bind a renter to pay the balance of the lease term until a new renter can be found-- which could be the whole lease term if a replacement renter is not procured. IF you have this type of lease provision, then, yes, you could be responsible for the balance of the contract term even though you no longer occupy the space. After you leave the property, the landlord, however, has a duty to try to mitigate the damages by actively seeking a new renter. So, once you vacate, keep an eye on the property for things like signs and contact information. If the landlord does nothing, you may have a cause of action later for his failure to mitigate and look for a new renter.
If your lease agreement does not have a provision that continues to hold you liable after a 30 day notice (usually required in writing), then no, you would not be responsible for the remainder of the contractual lease term.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.