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.
What Is a 30-Day Notice? (with picture) - wiseGEEK
www.wisegeek.com/what-is-a-30-day-notice.htmAug 10, 2013 A 30-day notice is a formal written notice of a tenant's intention to vacate a property. If a landlord sends out 30-day notice...
Tips for Breaking a Lease Agreement: A Landlord's Perspective ...
www.apartmenttherapy.com/tips-for-breaking-a-lease-from-a-landlord...Yep, Ann and I are big bad landlords. I like to think we're on the nice end of the landlord spectrum, but we also have to do right by ourselves. For example, it ...
Oh My Apartment Blog Archive Ciao, Landlord: Writing a Lease ...
ohmyapt.apartmentratings.com/lease-termination.htmlAre you ready to leave your tiny, expensive apartment for a bigger, cheaper, better place? Congratulations! But before you hire the movers and turn in your keys, you ...
Lease - Wikipedia, the free encyclopedia
en.wikipedia.org/wiki/LeaseA lease is a contractual arrangement calling for the lessee (user) to pay the lessor (owner) for use of an asset. The narrower term rental agreement can be used to ...
Renting a Home - How To Information eHow
www.ehow.com Personal Finance Real EstateDon't just sit there scratching your head, find useful info on Renting a Home on eHow. Get essential tips and learn more about everything from How to Ask for Back ...
Kentucky Landlord Tenant Guide - Tenant Net - Tenants and
tenant.net/Other_Areas/Kentucky/ltguide.htmlINTRODUCTION The purpose of this booklet is to provide information that will be useful to landlords and tenants in Kentucky. Much of this information is based on the ...
Court Assistance Office STATE OF IDAHO JUDICIAL BRANCH
www.courtselfhelp.idaho.govSelf-Help Quick Links Features. Get Idaho Court Forms; About Our Services Conservatorship Inventory & Accounting Forms (pdf) Conservator Form Availability
Is your landlord breaking the law? - MSN Real Estate
realestate.msn.com/article.aspx?cp-documentid=28280145It's not enough to complain about the landlord's rash behavior or inattention to repairs. As a tenant, you have legal rights, and your landlord could be in violation.
Free Landlord Forms
www.thelpa.com/lpa/free-forms.htmlFree landlord rental forms from The Landlord Protection Agency specializing in landlord - tenant situations & property management .
Terminate A Lease Arizona Renter Rights Landlord Tenant ...
www.arizonatenants.comIf you are looking for information on the Arizona landlord tenant act as well as how to terminate a lease, arizona renter rights and how to terminate a lease in ...
LSNJ LAW - Ending or Breaking Your Lease
www.lsnjlaw.org/Housing/Landlord-Tenant/Leases/Pages/Ending-Leases...LEGAL TOPICS. Housing. Home Ownership; Homelessness; Housing Discrimination; Landlord-Tenant; Public Housing; Relocation Assistance; Rooming/Boarding Houses
Landlord Law Overview California Landlord.com
www.landlord.com/lawresoverview.htmAdditional information is provided to assist you in finding other legal resources on the Internet, i.e., Landlord.com Landlord Law Links California
Georgia Landlord Tenant Handbook - Georgia Department of
www.dca.ga.gov/.../downloads/Georgia_Landlord_Tenant_Handbook.pdf PDF fileThis Handbook is designed to answer common residential landlord-tenant questions. The information in this Handbook does not apply to commercial or business leases.
Landlord Rights - Real Estate- Real Estate Law, Commercial Real ...
real-estate.laws.com/landlord-rightsLandlord Rights - Landlord Rights BackgroundA residential landlord needs more than just a lease to maintain a profitable business venture. Screening tenants ...
What to Expect if You Have a Broken Lease With an Apartment
ezinearticles.com Real Estate Leasing RentingDec 17, 2006 I have a broken lease! The vast majority of apartments will not work with you if you owe another rental property money or break a rental lease.
Renters Rights: Taking on your landlord
ohiorentersrights.comRenters Rights: Taking on your landlord - ... This has been a great resource however I am having a hard time finding out if I have the right to see my electric meter.
Questions to Ask Before You Sign a Lease Renter Resources
renters.apartments.com/.../signing-an-apartment-lease-questionsYour potential new landlord should be helpful and should not hesitate to answer these questions before you sign a lease or to put the answers in writing.
Is your landlord breaking the law? - MSN Real Estate
realestate.msn.com/article.aspx?cp-documentid=28280145&page=2It's not enough to complain about the landlord's rash behavior or inattention to repairs. As a tenant, you have legal rights, and your landlord could be in violation.
How long does a landlord have to fix a broken AC in Florida
wiki.answers.com Categories Home & Garden RentingCheck your lease agreement. Air conditioning is not considered an item of necessity for habitability. If your lease agreement does not specifically indicate that air ...
Landlord & Termination of Lease eHow - eHow How to Videos ...
www.ehow.com Legal Other Areas of Law Real Estate LawLandlords have the right to terminate a lease under certain circumstances. Landlord rights are established in each state under a Landlord and Tenant Act, or various ...
Breaking a Lease/ Legal Contract in Oregon -- Its a Nightmare ...
www.worldlawdirect.com/forum/landlord-vs-tenant-issues/39434...I broke my lease on an apartment because we are planning a second child and got a great opportunity to rent a house, and we have a 3 year old and the
Florida's Landlord/Tenant Law - Computer Age Concepts
www.computerageconcepts.com/house/flLandlord-TenantLaw.pdf PDF fileCopyright 2001 Florida Division of Consumer Services Florida's Landlord/Tenant Law While most renters are aware they have certain rights when they are involved in ...
Evict.com - Florida Landlord Tenant Law Evictions Leases ...
www.evict.com/?page=articles_harryEviction and property management law services for the Florida residential property manager and landlord filing evictions in all florida counties and representing ...
Maryland Attorney General - Consumer Publications - Landlord
www.oag.state.md.us/consumer/landlords.htmLandlords and Tenants: Tips on Avoiding Disputes, a publication of the Maryland Attorney General's Consumer Protection Division.
0 komentar
Posting Komentar