Re: Need some advises if I decide to break my lease

Re: Need some advises if I decide to break my lease by Garry on November 20, 2019 @14:44

If a T is going to break a lease by moving out in the middle of it, there is nothing you can do to stop them. All you can do is, after they move, get the place ready to rent a gain asap. Most state's LL/T laws say a LL must mitigate their damages, so you cannot just let the place sit empty, and not advertise it for rent, until the old lease of the former T is up. Once you have it rented again, you could take the T to court, to try to collect back rent, repair costs, etc. from the former T.

The T will owe you for Dec. rent, which you need to get by Dec.5, but you will probably have to take Jan. rent out of their deposit, if you don't get it rented by then. If you ever end up in court, a judge will probably only give you 2 months worth of rent anyway, because most of them have determined that in a 2 month time span, you should be able to rent a place to a new T.

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Re: Need some advises if I decide to break my lease by Sunny on November 20, 2019 @16:20	[ Reply ]

How would you handle the key? T will likely return the key. You'd accept it or refuse to take it since it's not the end of the lease yet?

Re: Need some advises if I decide to break my lease by Garry on November 20, 2019 @17:04	[ Reply ]

You should ACCEPT the key, if they offer it to you. Acceptance of a key does not mean the Ts do not owe you more rent, or money for damages. But it DOES mean you should immediately start cleaning and fixing damage done by the T, and get it ready to rent again. Refusing to accept the key if offered to you by the T, could very well mean you would lose your right to any future rent that the T did not pay under the old lease. You MUST try to MITIGATE your damages, meaning doing everything in your power to get the place rented again ASAP. Once rerented, THEN you can decide if you have a case against your former T.

Re: Need some advises if I decide to break my lease by Sunny on November 22, 2019 @08:20	[ Reply ]

I understand you said the lease has not been broken yet. So, there's no need to do anything yet. But doesn't it make more sense to start listing and looking for a new tenant now? Or by doing so will only indicate LL accepts and agrees to the lease breaking?

Re: Need some advises if I decide to break my lease

Re: Need some advises if I decide to break my lease - Landlord Forum thread 359966