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Landlord's rights to sue on a 2 year signed lease - Landlord Forum thread 342724

Landlord's rights to sue on a 2 year signed lease by Tess (Missouri) on February 3, 2016 @13:52

                              
I need help re tenants. Tenants gave deposit for my house. They now tell me that they cannot move to my house after both tenants signed lease. I need info as what are my rights to collect. I have made arrangements to move out of my house in order for the tenants to move the in. I have been damaged. Thank you.
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Re: Landlord's rights to sue on a 2 year signed lease by Anonymous (NJ) on February 3, 2016 @14:25 [ Reply ]
I believe you can sue her for rent until you find some one for same or more rent. Best way is to talk to them that this is what you are planning to do and they may help you find some one or willing to pay for your damage without going to court.
Re: Landlord's rights to sue on a 2 year signed lease by Anonymous (FL) on February 3, 2016 @14:57 [ Reply ]
Actually, if the lease has not yet begun, then you do NOT have damages...yet.

You are responsible to take normal steps to rerent the unit at the same. That includes all the steps you took that lead to the rental in the first place. After it has been rented, you are entitled to the rent for the time frame of the lease that it was not rented for.

Note that you can chose to rent the unit for less than the original lease, but then you are only entitled to the lesser amounts.

Do not expect to get 2 years of rental. If you are lucky, you will come away with a month (or two if you are in a northern state).

Of course, there is some variation state to state.
Re: Landlord's rights to sue on a 2 year signed lease by MrDan (Georgia) on February 4, 2016 @11:26 [ Reply ]
There are several issues here.

The security deposit under Missouri law cannot be non-refundable.

The landlord may be entitled to a 30 day notice to terminate a lease.

A lease of two years or more under Missouri law could be assigned by a tenant without the landlords permission. The landlord could wind up with tenants that the landlord has no say so about. That's why it a bad idea to offer multi year leases for residential rental property.

Arrangements to move out of your house is immaterial as to renting out the house, it must be vacant in order to rent it.

Your damages if any, would be determined by the terms of the lease. You did not state if first months rent was paid or not. If it was, that might be the amount of damages you could claim.

Hopefully, the tenants paid first months rent when they signed the lease.

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