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  1. #5
    Join Date
    Mar 2013
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    Default Re: What Rent and Fees Do You Owe After Breaking a Lease

    Quote Quoting Girlwonder72
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    I am trying to do the right thing and just want to be fair. However, the Management Company has indicated I was not getting my security deposit back due to early termination (They are reverting back to 1st lease)
    There's no question that your lease is a mess but it might not matter.

    Indiana has long ruled that a residential landlord has a duty to mitigate his damages by using due diligence to re-rent as soon as soon as reasonably possible.

    If you moved out a certain date and refused to pay any more rent the landlord would be entitled to rent plus cost to prepare and advertise through the re-rent date.

    If your security deposit was enough to cover those losses then, indeed, you would not get it back. If it was not enough to cover those costs then the landlord could sue you for the balance of his loss.

    "The doctrine of mitigation of damages creates an obligation on the part of the landlord to use such diligence as would be exercised by a reasonably prudent man under similar circumstances to re-let the premises, if possible, in order to mitigate damages resulting from the tenant's breach of lease. State v. Boyle (1976), 168 Ind. App. 643, 646, 344 N.E.2d 302, 304."

    Quoted from: https://scholar.google.com/scholar_c...33766294597903

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