Landlord Question and Answer Forum

I have a tenant that started moving in on 12/4/09 on 12/6/09 they called me and stated they wanted to break the lease cause the house was "too small". They signed a 1 year lease and in the lease it states that they must give 90 day notice. They have paid 1st months + security deposit. I have already found another renter to start renting on 12/15/09. Do I have to return their 1st months rent minus the cost of finding the new renter and the security deposit? Or may I keep all of 1st months rent and/or deposit?

In most states, the landlord is required to "mitigate" damamges. This means that the landlord does everything within his power to secure another tenant and minimize the damages. Generally you cannot collect twice rent. BUT, you can collect costs associated with the finding of another tenant such as advertising, re-cleaning the apartment and so forth. You may also collect any damages to the apartment. I would think you should be able to collect the full month of December or at least the pro-rated amount. Follow the rules for your state in the return of the security deposit. Make sure that you mail this tenant at their forwarding address a complete accounting of all monies.

Posted by Denise S, PA on Tuesday, December 15, 2009