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Re: Broken Lease
by LAMAC66
on July 18, 2018 @07:42
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Depends on state law and how you wrote your lease.
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Re: Broken Lease
by Jason
on July 18, 2018 @23:52
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Pennsylvania.
They signed a 12-month lease.
I already have several people interested in it, but I'll still be out one month's rent (equivalent to SD), so I should be ok to keep 100% of the funds.
Since it'll be rented rather quickly, I do not plan on taking the current T to court.
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Re: Broken Lease
by L.
on July 19, 2018 @00:12
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Pennsylvania doesn't require you to mitigate your damages. If you don't find a new tenant (which it looks like you'll be able to do pretty quickly), your old tenant is still responsible for the remainder of the lease. So yes, you can use any/all of the deposit to cover the time between renters. But, you cannot double dip. You can only charge the old tenant for the days the unit is vacant (plus any damages).
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Re: Broken Lease
by AnonymousFL
on July 19, 2018 @16:42
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To add to that:
Sadly (but I could be wrong), you are not allowed to charge the exiting tenant for the extra costs incurred for rerenting the unit...even though you are required to take the actions that you normally would in renting the unit such as advertising, signage, etc.
Also, if you decide to discount the rent to get the unit rerented, you are the one to loose out on that money, not the exiting tenant.
So bottom line, try to rent it exactly as if the tenant was not exiting early. Do the same advertising, show the unit, process applications in the same manner, etc. However, you should not need to put their unit as the first to be rented if you have several (you may want to check PA statutes on that one to be safe). It would also not hurt to document your actions along the way in case they do file a claim. As long as you handle it correctly, you will have a very strong standing and there is little to zero likelihood they could win a claim against you.
Oh yeah...one more option...tell the exiting tenant that they signed a lease for one year and even if they do leave, they will still be responsible for the rent until the unit is rerented by a qualified tenant. Then, you might offer them a buy out option, say 2 or 3 months rent (not using the security deposit). Maybe they will change their mind and stay or they may take your option. Either way, you get more time to rent the place and (hopefully) you end the tenancy with them more cordially.
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