Please help! Can we leave our lease early?
landlord tenant attorney Utah Aug 7, 2026
Location: Utah Hi!! I just got offered a job out of state. When I first started searching for a job my husband called our apartment complex about terminating our lease early and they said we would have to give 60 days notice, and we are then responsible for paying rent until the find new tenants. I called today to ask about giving notice and they said my husband’s understanding was not correct, instead, we would have to get approval from the manager, pay a lease buyout fee of about $3000, and then give 60 days notice. During which time we will also be paying rent. It doesn’t mention a lease buyout fee anywhere in our lease. These is the section in our lease about early termination: Section 21: Early Vacate If Resident damages and rent (including future rent) that may be assessed pursuant to this Agreement. They may include, but are not limited to: leasing agent costs, advertising expenses, turnover expenses, and such other costs incidental to re-renting the Premises. If Resident vacates prior to the end of the initial term, all future rents under this Agreement shall accelerate and become immediately due. Resident shall additionally be responsible for damages, repayment of concessions, and such other provisions as contained herein. It is agreed that an eviction shall terminate occupancy but NOT the obligations to pay rent and other obligations under this Agreement. It is agreed that termination notices pursuant to an eviction due to non-payment of rent or nuisance shall not relieve Resident from obligations for future rent until such time as the Premises have been re-let or the expiration of the initial term, whichever occurs first. Eviction at the end of a term shall still obligate Resident to pay for the time notice should have been given by Resident as required by paragraph 3 of this Agreement for vacating the Premises. Nothing herein shall change the duties of Resident and Owner to mitigate damages. So my question is: do we have to pay the lease buyout fee? What does mitigating damages mean? I REALLY REALLY appreciate your help!! I’m stressed out of my mind
