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URGENT arrogant tenants breaking the lease
by Mr. Jones (Boston)
on October 31, 2009 @10:18
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I have couple who decided in one-sided act to break the lease although five months left. Can I sue them in small claims court for all months. In this case I will get only up to $2000. Can I use the security deposit to reduce my damage?
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Re: URGENT arrogant tenants breaking the lease
by david (drake)
on October 31, 2009 @10:31
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have you considered that the tenants could be haveing a hard time... financially? i'm sure once they leave you can find an occupant to replace the old. your only want to sue... because you can. times are tough. find sympathy in your heart and let this go.
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Re: URGENT arrogant tenants breaking the lease
by Va Landlady (VA)
on October 31, 2009 @11:08
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Did they actually move out? And did they give you the keys back, giving you possession? Before you do any suing, you have to mitigate damages. That means clean up, fix up, and re-rent as soon as you can. Meanwhile, you also have to send them an accounting of their security deposit within a certain amount of time (check your state's laws). If you apply the security deposit to the unpaid rent, fine, but you have to account for it. Do you know where they are? If not, send everything certified to your property, the last known address. Once you have the place rented again, THEN you can take them to small claims for your damages. Most judges won't give you more than 2 month's of rent damages, but you can also ask for your costs for repairs (save the receipts, you cannot charge for your own labor), and your costs for re-renting (advertising, etc).
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