Is a Landlord Required to Re-Rent a Home If a Lease Is Broken?

Is a Landlord Required to Re-Rent a Home If a Lease Is Broken?

A landlord's obligations after a tenant breaches the lease agreement can be complicated, and they can vary according to each state's laws. Generally, a landlord is obligated to try to re-rent the home after the tenant vacates, but there is no universal rule for determining the full extent of the landlord's obligations.

Tenant Damages

    When a tenant breaches a lease agreement by vacating before the lease term expires, the tenant is generally obligated to pay damages to the landlord. The damages are typically equal to the amount of rent required each month for the remaining lease term. The tenant is required to keep paying rent, even though he no longer occupies the property.

Landlord Duty to Mitigate

    The damages owed by a tenant, however, may be limited because of the landlord's legal obligations to re-rent the property. After a tenant vacates a home prematurely, the landlord has a legal duty to make reasonable efforts to rent the property to a new tenant. The law refers to this duty as the duty to mitigate damages; the landlord must try to minimize his damages caused by the tenant's breach.

Duty of Reasonableness

    The duty to mitigate is a duty of reasonableness, which means it varies according to specific circumstances. A landlord must use the same efforts to rent the property as the landlord would use to rent the home after the tenant's lease term expires. The purpose of this duty is to prevent the landlord from sitting back and doing nothing while still collecting rent from the tenant for the duration of the lease term. The landlord must make some effort to find a new tenant for the property.

Tenant Credit

    If the landlord is successful in finding a new tenant, the tenant who vacated may not be obligated to continue paying rent to the landlord. However, sometimes the landlord can only find a replacement tenant by offering a reduced rental rate. In that case, the tenant who vacated prematurely will still have to pay damages equal to the difference between the new rent amount and the amount of rent in the tenant's lease. For example, if the old tenant was paying $1,000 per month, and the landlord finds a new tenant at $800 per month, the old tenant will still have to pay the landlord the $200 difference each month until the old tenant's lease term expires.



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