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Old 03-10-2007, 07:29 PM
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Default WAY O/T - Need some legal help

Posted By: Cobby33

I tend to agree with the concensus to "stick it out," as it were.

Legally (in CA at least), plaintiffs like this have a duty to mitigate, meaning, they have to use their best efforts to re-let the place. Their damages (if any) are then reduced by the degree of their failure to mitigate.

It might be worth hiring an attorney to write a quick offer letter (i.e. a certain amount) to get out of the lease, reminding the landlord of their duty to mitigate. Not sure what the market is out there, but I would imagine it wouldn't stay vacant for very long?

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