Legal Question in Real Estate Law in Colorado

How do I get out a lease without paying the early out fee?


Asked on 1/26/12, 9:14 am

1 Answer from Attorneys

JAMES GREER, ESQ. GREER & ASSOCIATES

1. begin by negotiating with the Lessor (explain your situation, ask for equitable considerations);

2. try to find a substitute Lessee, and present that Lessee to the Lessor;

3. most jurisdictions require the lessor to "mitigate their losses" - this means that they must reasonably consider accepting your substituted Lessee (so long as the new Lessee is financially and otherwise acceptable to the lessor);

4. if there is a "gap period" between occupancies, you may have to make up the difference.

5. of course, with all lease arrangements, read your lease FIRST to gather insight, but these above steps are still routine recommendations;

6. understand that it is your primary goal to cooperate with the Lessor and thereby avoid being on the receiving end of litigation, so try to offer as much assistance (new tenant, maybe partial rent advance);

7 lastly, expect that the Lessor, even if accepts your substitute Lessee, will require you to remain in a position of responsibility on the lease in the event you substitute lessee breaches the lease during the time remaining under your release (i.e. it is rare that you'll be "released" from the lease even if the Lessor accepts your substitute Lessee).

best of luck, Attorney James A. Greer ([email protected])

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Answered on 1/31/12, 11:11 am


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