Re: How can I sue for advanced rent? - Landlord Forum thread 342653

Re: How can I sue for advanced rent? by Garry (Iowa) on January 31, 2016 @10:21

You could maybe get 1-2 months of rent if you can negotiate that with the tenant,and without going thru the court system, using the eviction process. For instance, if the T was 4 months into a 1 year lease, and his company transferred him out of state. The lease is still valid, but the T had no choice but to break it. If you couldn't negotiate an early termination amount with the T, you could go to court for the remaining amount owed on the lease. HOWEVER, most all state laws in these instances say you must try to "mitigate" your damages. That means you must try to re-rent the place again, at the same rent amount, for the remaining amount of time on the lease. Usually judges will say 2 months is plenty of time to find a new T, so that's probably all that they would award you for "advanced rent". A LL cannot just leave a place vacant without trying to rent it at all, and then ask the courts to award 6-8 months of rent back to you from your former T.

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