Advice - Ending Lease Early
Hi All - looking for advice or maybe a reality check on my current Southport rental situation.
Currently my partner and I are in a 2 Bed 1 bath in Southport / Lakeview area.
The sound insulation here is practically non-existent, we’ve reached out to the landlord about noise from upstairs neighbors multiple times throughout the year and nothing has changed, even with new tenants moving in last week. It’s made the place really difficult to be in, so we decided to move out one month early.
Our lease ends officially 6/30, but we asked to amend to 5/31 citing our experiences and the fact we found the perfect place for us for a 6/1 lease. We gave notice on 5/4 by calling the landlord, and with some convincing after he said “there’s nothing he can do” he said he’d try. After a few days of silence he finally listed the unit, but we noticed the following.
- Our current rent is $3,050 and he listed it for an 11% increase
- the listing description is incorrect in the ad, describing the upstairs unit which is larger with more rooms
It’s been a few days and there has been hardly any interest and no tours. We know under RLTO he has a duty to make a “good faith effort” to re-rent the place. By hiking the rent that much (higher than nearly any comparable place in the neighborhood) and using a bad description, we feel he’s not holding up his end of the bargain.
We’re going to hand in our keys regardless on 5/31 and we don’t want to pay for June. What’s the realistic move here?
He also has ignored some fairly minor maintenance requests of ours over the past few weeks, and we fear he’s just trying to put in minimal effort and collect our June rent on a vacant apartment.
TLDR: Ending lease early due to unresolved noise issues. Landlord claims he’s doing his best to re-rent but listed unit for 11% increase with incorrect description. Does this count as failure to “mitigate damages” under RLTO? Is there anything we can do to not pay for June?