question about tenant trying to break lease

question about tenant trying to break lease

qmqm@she.com (Jess)	3/19/2004 12:26:35 PM
My tenant lease expired on January 30, On January 20 he signed a new lease with me for 6 months (February 1 to July 31) But then he notified me on January 28 that he change his plan and will be moving out on March 10. Is he liable for the rent till the end of the lease or until a new tenant is found ? Does it make any different I was notified before the starting date of the new lease ? Thank for your help.



"Naughtius \"The Twinkies Made Me Do It\" Maximus"	3/19/2004 2:08:28 PM
"Jess" <qmqm@she.com> wrote in message news:332dd43b.0403191226.34ef354e@posting.google.com... My tenant lease expired on January 30, On January 20 he signed a new lease with me for 6 months (February 1 to July 31) But then he notified me on January 28 that he change his plan and will be moving out on March 10. Is he liable for the rent till the end of the lease or until a new tenant is found ? More Likely Than Not, yes... Does it make any different I was notified before the starting date of the new lease ? Prolly Not... This being March 19.. Presuming he Stayed beyond the Termination of the Old Lease AND Up To March 10... But I Don't Know... Check the Relevant TITLE/ARTICLE/SECTION of Your State's Statutes/Codes... Thank for your help. Naughtius "Where Am Us, Anyway?" Maximus



"McGyver"	3/19/2004 4:47:38 PM
"Jess" <qmqm@she.com> wrote in message news:332dd43b.0403191226.34ef354e@posting.google.com... My tenant lease expired on January 30, On January 20 he signed a new lease with me for 6 months (February 1 to July 31) But then he notified me on January 28 that he change his plan and will be moving out on March 10. Is he liable for the rent till the end of the lease or until a new tenant is found ? Does it make any different I was notified before the starting date of the new lease ? Unless the lease says something different, and assuming your state's laws are like my state, the tenant is liable for the rent for the full term of the new lease, minus the amount you get (or should have been able to get) from a replacement tenant. It doesn't matter when you were notified or when the tenant moved out. McGyver



xlanmanx@aol.com (XLanManX)	3/20/2004 1:01:37 AM
Subject: Re: question about tenant trying to break lease From: "McGyver" Greyprof@msn.com Date: 3/19/2004 4:47 PM Pacific Standard Time Message-id: <c3g4e5$272inl$1@ID-75195.news.uni-berlin.de> "Jess" <qmqm@she.com> wrote in message news:332dd43b.0403191226.34ef354e@posting.google.com... Unless the lease says something different, and assuming your state's laws are like my state, the tenant is liable for the rent for the full term of the new lease, minus the amount you get (or should have been able to get) from a replacement tenant. It doesn't matter when you were notified or when the tenant moved out. McGyver Many states require the landlord to make a "good faith effort" to find a replacement tenant. Usually this can be done in two months, three at the most. A landlord will have a difficult time convincing a judge it took longer than that and will not be awarded more than two or three months rent - if he even gets that much.



qmqm@she.com (Jess)	3/20/2004 9:18:23 PM
Yes of course I am trying my best to get a replacement tenant. I am just not sure whether it matters when I am notified before the new lease start. I heard if the lease is for a new tenant, the new tenant can change mind before he/she moves in, and deposit cannot be legally deducted for change of mind. Jess xlanmanx@aol.com (XLanManX) wrote in message news:<20040319200137.23378.00000029@mb-m15.aol.com>... Subject: Re: question about tenant trying to break lease From: "McGyver" Greyprof@msn.com Date: 3/19/2004 4:47 PM Pacific Standard Time Message-id: <c3g4e5$272inl$1@ID-75195.news.uni-berlin.de> "Jess" <qmqm@she.com> wrote in message news:332dd43b.0403191226.34ef354e@posting.google.com... My tenant lease expired on January 30, On January 20 he signed a new lease with me for 6 months (February 1 to July 31) But then he notified me on January 28 that he change his plan and will be moving out on March 10. Is he liable for the rent till the end of the lease or until a new tenant is found ? Does it make any different I was notified before the starting date of the new lease ? Unless the lease says something different, and assuming your state's laws are like my state, the tenant is liable for the rent for the full term of the new lease, minus the amount you get (or should have been able to get) from a replacement tenant. It doesn't matter when you were notified or when the tenant moved out. McGyver Many states require the landlord to make a "good faith effort" to find a replacement tenant. Usually this can be done in two months, three at the most. A landlord will have a difficult time convincing a judge it took longer than that and will not be awarded more than two or three months rent - if he even gets that much.

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