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  1. #1
    Join Date
    Sep 2005
    Location
    Florida
    Posts
    5

    Default Tenant Wants To Break The Lease

    I have signed a lease with a tenant in september for one year in Florida. I have received an email from the tenant informing me that they are buying a house and moving out next mounth after only 4 months into the lease. There is no early termination clause on the lease and tenant is liable for the rent to the end of lease if they break it. What are my options? This is very unfair under current market conditions. If I sue the tenant what is my chance to recover the rent for whole term of the lease or until I rent the house. thanks

  2. #2
    panther10758 Guest

    Default Re: Lease issue

    They are responsible for rent until such time as you rerent property. You must make reasonable effort to rent property after they vacate. You have a contract with them and they are bound by it

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Lease issue

    Note that if the market has softened such that you can't rent the property for the same amount, you can attempt to claim the difference between the current market rate for the apartment and what the tenant contracted to pay as part of your damages. (e.g., if you rent the apartment at $900 based upon the current housing market, but the former tenant agreed to pay $1,000, you may be able to collect the $100/month difference even after the premises are re-rented.)

  4. #4
    Join Date
    Sep 2005
    Location
    Florida
    Posts
    5

    Default Re: Lease issue

    Thanks. How it would change if I bring the house on the market to sell rather than re-rent after they move out. Do I have to try to rent also at the same time.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Lease issue

    You can't claim rent damages after you sell the home, save for the unlikely possibility that you can estabish that the breach of the lease lowered the sale value of the property.

  6. #6
    Join Date
    Sep 2005
    Location
    Florida
    Posts
    5

    Default Re: Lease issue

    I have rented the house and contacted the tenant before I sue them if there is a way to settle. Tenant responded that they turned over their debt to a credit counseling agencey to avoid bankruptcy and they have no assets. How this situation would complicate my rights to collect the balance of the lease especially if they have no assets.

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Lease issue

    If they aren't willing to settle the debt, you can sue them for what they owe. Needless to say, if they don't have assets and are not employed, it will be difficult to collect the judgment.

  8. #8
    Join Date
    Sep 2005
    Location
    Florida
    Posts
    5

    Default Re: Tenant Wants To Break The Lease

    Can I put a lien on the house they own now for the amount of money they owe and get paid when they sell the house?

  9. #9

    Default Re: Tenant Wants To Break The Lease

    You must first go to court and get a judgment and then you can record that judgment in the county they own the house in and place a lien on it. You first need to go to court to formalize the actual debt.

    FYI...if you did not send the security deposit accounting within the time frame required by your state...you risk being countersued and losing. Did you send the accounting?

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