Landlord Question and Answer Forum
is landlord entitled to 1st month rent if tenant doesn't take possession 1 week before move in? Tenant said she wanted to break lease because she wanted to move in with boy friend. In meantime she lost her job. I know damage deposit would be returned because she never moved in to cause damage.
Laura l, MN on Monday, April 23, 2018
RE: tenant doesn't take possession because of lost job
This happened to us in Illinois. My attorney said no judge would make a tenant pay when they never took possession. Security deposit in my lease CAN be used to pay unpaid rent. Read your lease to see what it says.
If she paid 1st month's rent, I do think you have the right to it because you are probably losing a month finding a new place. If she hasn't yet, I would assume you'd never get it from an unemployed person...you'd just lose legal fees.
In our case we lost two weeks. I did not charge my potential tenant. But I DID verify that she lost her job by calling the place where she worked. I have no reason to help people who are lying to me.
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