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Re: Broken Lease - Landlord Forum thread 358208

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Re: Broken Lease by L. on July 19, 2018 @00:12

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 [ Reply ]
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 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.
    Re: Broken Lease by Jason on July 21, 2018 @12:47 [ Reply ]
    I just want them out. I'll be out one month's rent (which will be paid by the SD), but I'm confident I can get in there, get shit renovated and rented out after 30 days.

    Thanks again for the advice.
      Re: Broken Lease by LAMAC66 on July 23, 2018 @10:01 [ Reply ]
      What does your state law says about improper notice to vacate. My lease based on state law says I must be given proper notice which is 30 days.

      I am allowed to a fee for breaking the lease without proper notice which is equivalent to 1 months rent. That by default has eaten up their security deposit.

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