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McLovin McLovin is offline
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Join Date: Jun 2009
Location: On a beach
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Most commercial leases don't have a cancellation clause. You are on the hook for the entire lease term.

So, when you leave before the end of the term, you still owe for the entire term.

BUT, the landlord has a duty to mitigate his damages. The primary way is to find a new tenant. In theory, if you move out on the last day of the month and a new tenant moves in the next day, paying the same rent, there are no damages.

Yours is an interesting case because the "new" tenant was already a tenant in the complex. So, at the end of the day, arguably your moving out and the "new" tenant in doesn't improve the landlord's position much. You moving out still leaves him with a vacancy that he would not have otherwise had. In other words, the net effect of your moving out and the new tenant moving over to your unit is that the landlord still has a vacancy at the property - caused by you.

You may want to research that issue a bit.
Old 02-28-2014, 12:15 PM
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