Landlord Question and Answer Forum

My Tenant states that he will need to break the Lease due to the fact that his company is relocating him and that "it is not working out". He is in the first month of a 12 month lease agreement. The written Lease is specific as it relates to ending the Lease and mandates that the total amount of rent is due and payable regardless of early withdrawl. I have seen it mentioned several times that the Landlord should make every effort to re-rent the residence in these situations and try and mitigate damages. How is "effort" defined? Can a fee be collected to mitigate the Lease Agreement and can the residence be re-rented immediatly? Is the fee considered rent? Do I have to re-rent? Can I collect and leave the home vacant? Do they still have access considering they are paying/paid rent?

Hello from NC! If someone needs to move then you can't hold them there either way. What does it benefit to leave a property sit? You can charge advertising, releasing fees if you have provided for that in the lease from the beginning. I understand people may have circumstances arise, but I have waiting list for tenants and it does me nor my homeowner no good to lay "hardball." Start advertising and showing and put your best effort forth to re-rent or I can gurantee you that a judge will side with the tenant if they decide to take you to court over the deposit. Blessings to you!

Posted by JoAnn V, NC on Tuesday, March 10, 2009

Can I evict a tenant that did not disclose that they were on probation?

Posted by jodene i, OH on Saturday, March 21, 2009