Tenant leaving early prior to end of lease term

Tenant leaving early prior to end of lease term

Member since 2019 · 20 posts · 2 votes

My current tenant is moving to a different city and will be moving out of my rental. He still has good 9 months remaining for the lease term to end.  I had to scramble and get the house back on market and hire a realtor to get the new prospective tenant. Can I apply this additional cost to the security deposit since technically the tenant has broken the lease agreement? I have a 3 month notification period clause in my lease agreement and the tenants only provided me around 1 month and 5 days of notice. Please advise. I understand that it's not a legal advise but just need to get your general guidance.

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  • Robb AlmyPro Member
    Investor · Fredericksburg, VA · Member since 2014 · 125 posts · 65 votes
    6y

    Also, be careful with the security deposit and applying it to unpaid rent. Laws differ about what is allowable depending on locale. I would suggest spending the money to hire a lawyer to find out your remedies and how to do it properly especially if you are self managing. 

  • Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
    6y

    You need to read your local laws about lease break fees.... also, most locales state that you need to mitigate damages if a tenant moves early and there may be a limit to what you can charge. For example if a tenant moves 3 months early I can only charge them 2 months rent and i have to diligently try to release the unit and mitigate those damages. So in general i work hard to get a unit released and everyone is happy 

  • Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
    6y

    @Account Closed thanks for summing it up. I usually am able to get stuff rented quickly , which is neither here nor there- just trying to get the info out there that the OP may need to mitigate damages and cant just keep the deposit. 

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