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Lease dictionary

Duty to mitigate

The landlord's obligation to try to re-rent your unit if you leave early - not just bill you.

In most states, a landlord whose tenant breaks the lease must make reasonable efforts to re-rent the unit ('mitigate damages') instead of letting it sit empty and charging the departed tenant for every remaining month.

Once a new tenant starts paying, your liability generally stops. You owe the gap - vacant months plus reasonable re-letting costs - not the whole remaining term.

Watch out

A lease clause saying you owe all remaining rent 'regardless of re-rental' contradicts the law in most states. Don't take it at face value.

See it in action

The Notice to vacate letter puts this term to work for you.

Open the tool

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