Breaking Lease

1 Reply

I have our single family home tenants sign a one year lease.  The lease states they are responsible for the amount owed if they leave before the end of the lease.  If a tenant breaks the lease because they are having to move for work or with some other good reason do you still hold the tenant to the lease agreement??? I know there are justifiable reasons by law to break a lease and as a landlord I have to try to get it filled asap when they leave.

You have the basics which seem common to all jurisdictions: they are liable for rent until you get a new tenant in there, but you have to mitigate your loss by actively marketing the unit. You have to demonstrate that you have tried to get new tenants. But even this overstates your cards. The reality is that most tenants don't have that much in assets and the first rule in suing people is you never sue a straw man. So going after tenants that can't pay is a fruitless exercise. Tenants come and tenants go, and if they are bound to go a lease won't stop them. Best to focus on getting new tenants in and moving forward.

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