Landlord Question and Answer Forum

My tenant leased for 1 year and did the midnight movers after 6 months. They left a disaster. I am posting a notice of abandonment of property so I can clean it up and re-rent it, but does that forfeit my ability to claim the remailing 6 months left on the lease in court if I can't re-rent? I know if I rent it then the subject is moot, but if I can't re-rent, then their lease is still in effect - even if I have declared the property abandoned?

If the tenant defaults in the payment of rent and reasonably indicates by words or actions the intention not to resume tenancy, the tenant shall be liable for the following for such abandonment: PROVIDED, That upon learning of such abandonment of the premises the landlord shall make a reasonable effort to mitigate the damages resulting from such abandonment: (1) When the tenancy is month-to-month, the tenant shall be liable for the rent for the thirty days following either the date the landlord learns of the abandonment, or the date the next regular rental payment would have become due, whichever first occurs. (2) When the tenancy is for a term greater than month-to-month, the tenant shall be liable for the lesser of the following: (a) The entire rent due for the remainder of the term; or (b) All rent accrued during the period reasonably necessary to rerent the premises at a fair rental, plus the difference between such fair rental and the rent agreed to in the prior agreement, plus actual costs incurred by the landlord in rerenting the premises together with statutory court costs and reasonable attorneys' fees.

Posted by Clark F, OK on Sunday, December 11, 2011

Thanks Greg!

Posted by Valerie H, MN on Sunday, December 11, 2011