Landlord breached lease...?
2 Replies
Jessica Wygal
Real Estate Agent from Cypress, TX
posted over 1 year ago
I have a client who I’ve worked with on two rentals. Her lease was up today (7/31) though she moved her stuff out on 7/26. She had a couple of pieces of mail delivered and a package yesterday...when she went to pick up she discovered the locks had already been changed and a new tenant had already moved in (before her lease/60 day notice was up technically). Does she have any recourse? Your thoughts on filing a civil suit...?
Theresa Harris
replied over 1 year ago
@Jessica Wygal Garza It probably isn't worth her time, but she should write a letter to her landlord explaining what happened and say that the new tenant moved in before her lease was up and she wants the 5 days' worth of rent refunded.
Greg M.
Rental Property Investor from Los Angeles, CA
replied over 1 year ago
Originally posted by @Jessica Wygal Garza:Your thoughts on filing a civil suit...?
What exactly are her damages? Best case, landlord rented it the day she moved out and she gets her rent back for the last 5 days. Or maybe the tenant moved in today and there is only one day of overlapping rent. Or perhaps the landlord let the tenant move in a few hours early on the 31st and the lease starts on August 1st?
The judge might also feel she legally vacated the property by moving out and taking all her stuff with her.
She needs to move on with her life and not tie up the already overburdened court system with meaningless issues like this.