Landlord Question and Answer Forum

Tenant broke lease before taking posession or exchanging any money due to job transfer. What to do?

Unless your tenant signed anything that attaches him to the obligation - there is not much you can do. I always take a deposit and clearly state that if tenant fails to move-in and sign lease, the deposit will be forfeited.

Posted by Donna , NC on Tuesday, October 20, 2009

they signed a lease but never exchanged money but called and advised me that they had a job transfer once house is occupied or rented i am not able to collect money that is owed correct/

Posted by Patti H, FL on Tuesday, October 20, 2009

If they signed the lease, depending on what the lease says, your tenant may be responsible until you re-rent the property. BUT beware, if this is permitted in Florida and you go this way, you have the obligation to mitigate damages, which mean to do everything within your power to re-rent the property ASAP.

Posted by Denise S, PA on Wednesday, October 21, 2009

What does obligation to mitigate damages mean?

Posted by Patti H, FL on Wednesday, October 21, 2009

Take action to avoid or reduce damages. So rent it as soon as you can without delay. However that does not mean just putting anyone in there either. The new tenant should meet the same requirments the people met who signed the contract. When you find the next person who you will have sign a lease, count on them backing out and keep looking until they have paid you the deposit at the least.

Posted by Doug K, CO on Wednesday, October 21, 2009