Results 1 to 3 of 3
  1. #1
    Join Date
    Dec 2013
    Posts
    1

    Default Does a Tenant Owe Rent After Breaking a Lease if a New Tenant Moves In

    My question involves landlord-tenant law in the State of: New York

    If tenant break lease and moves out without written early termination agreement but the premise is filled by new tenant immediately. No vacancy between the dates when old tenant moves out and when new tenant moves in. Is it possible for landlord to collect rents from old tenant for the remaining period of the lease she signed? That is, while collecting the same amount of monthly rent or more from the new tenant? Must the landlord return deposit to old tenant?
    Thank you for your answers

  2. #2
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: Does a Tenant Owe Rent After Breaking a Lease if a New Tenant Moves In

    It's a bit odd that a vacancy would be filled "immediately" by a new tenant when the previous tenant breaks the lease and moves out without a written termination notice. However, if the landlord has lost no rent between these two periods of time, the previous tenant no longer owes rent.

    And yes, the landlord must return the security deposit to the old tenant minus any funds held for damages above normal wear and tear. In addition, if the landlord incurred any additional advertising costs to rerent the unit because of the previous tenant breaking the lease and skeedadling, it could certainly be argued that the funds for such can come out of the security deposit.

    Gail

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Does a Tenant Owe Rent After Breaking a Lease if a New Tenant Moves In

    Agree.

    If you suffer no monetary damages from the breach, you don't get any money from the previous tenant and you do have to return the deposit.

    A basic doctrine of contract law is that the aggrieved party does not profit from the other party's breach and only gets compensated for his actual monetary loss.

    If the loss is zero then the compensation is zero.

    1. Sponsored Links
       

Similar Threads

  1. Modifying a Lease: How Does D.C. Rent Control Work After the Original Tenant Moves Out
    By Rumman in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 09-01-2012, 07:51 PM
  2. Rent and Utilities: How to Get Rent Owed by a Tenant Who Moves Out
    By ocean51smt in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 06-01-2012, 06:19 PM
  3. Eviction Process: How to Collect Unpaid Rent After Tenant Moves Out
    By cardine45 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 08-23-2008, 05:18 PM
  4. Rental Agreements: Cancelling A Lease Before The Tenant Moves In
    By mcmxc17 in forum Landlord-Tenant Law
    Replies: 6
    Last Post: 09-03-2007, 10:06 PM
  5. Rental Agreements: Breaking Lease - New Tenant Found But At Less Rent
    By kkat7 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 07-21-2005, 04:11 PM
 
 
Sponsored Links

Legal Help, Information and Resources