Landlord Question and Answer Forum
A lease was signed in May with a security deposit for a start date in July in VA. Landlord received a letter for early termination before even moving in and wants full deposit back. The letter states "we would like to terminate this lease." Reason for leaving is they claim they were under the impression that a fence would be built for the backyard. However, no agreement was ever made, verbally or written. Also, from the security deposit, Landlord plans on deducting any days of rent that is covered by original lease where the property is left vacant. Tenant is threatening to go to small claims courts for full security deposit.
Can landlord start looking for new tenant and sign new lease and also collect rent loss for days the property is left vacant?
Thanks.
Nimesh P, VA on Thursday, May 26, 2011
RE: When can landlord sign new lease
Yes, but be prepared to defend that action in court.
Posted by
Gregory T, CA
on
Thursday, May 26, 2011
RE: When can landlord sign new lease
Yes, you have a right to re-list and start looking for someone to fill in the vacancy. In that regards - it is your responsibility to minimize your losses (what you could get from the one breaking the lease) and return to them what is not used up. Depending on how the lease was written and signed, that's where it usually states any fees for cancelling early (which, if they signed and then later wanted to cancel, they are doing).
Posted by
Eric D, NH
on
Saturday, May 28, 2011
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