Landlord Question and Answer Forum

Hi, My tenant is breaking the lease 5 months after renewing. I have an early termination addendum in my lease which they signed and agreed to. Now they are stating that they told me in April they where purchasing a house in 2020 which they have done now. However, their lease renewal was in June. They sent me an email in late May asking to renew the lease so, I did. I sent them an update year lease, which they were currently on. They had the lease agreement from May 5-26th ask for no changes and sent it back signed including the early termination agreement. They have given me the 60 day notice that is required but will not sign the release form to officially terminate the lease. They are due to leave Dec 16th. 1) If they do not sign the Mutual lease termination are they still liable for the lease, even though they gave 60 days? 2) Can I sue them for the remainder of the lease if they don't sign the docs? Or just the early termination plus the court cost?

You can only sue the for the lost rent while the property was vacant and the costs to rerent advertising, agent fees, etc. You have an obligation to minimize your damages and get a new tenant in as soon as possible.

Posted by Scott H, VA on Tuesday, December 10, 2019