Results 1 to 7 of 7

Hybrid View

  1. #1
    Join Date
    May 2018
    Posts
    5

    Default If a Tenant Breaks a Lease, Can the Landlord Charge Rent Until the House is Sold

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

    Our tenants broke their lease the end of February. It would have expired the end of June. For two months we tried to rerent without any success. So we finally decided to put the house up for sale.
    Are the tenants still responsible for unpaid rent for the timeframe between them leaving and us putting it up for sale?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Tenant Breaks Lease, Can I Charge Rent Until House is Sold

    You are obligated to mitigate your damages. If you aren’t actively trying to find a tenant, you aren’t mitigating your damages.

  3. #3
    Join Date
    May 2018
    Posts
    5

    Default Re: Tenant Breaks Lease, Can I Charge Rent Until House is Sold

    We were trying, but after 2 months decided to cut our losses and tired of trying to manage a rental from a distance, we decided to sell.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Tenant Breaks Lease, Can I Charge Rent Until House is Sold

    Quote Quoting nononoyes
    View Post
    We were trying, but after 2 months decided to cut our losses and tired of trying to manage a rental from a distance, we decided to sell.
    Right and I presume you aren’t seriously attempting to rent it due to putting it on the sales market. That means you don’t get to keep charging for lost rent

  5. #5
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Tenant Breaks Lease, Can I Charge Rent Until House is Sold

    Quote Quoting nononoyes
    View Post
    We were trying, but after 2 months decided to cut our losses and tired of trying to manage a rental from a distance, we decided to sell.
    Exactly how did you "try" to re-rent during those two months and for how much rent and was it for the same terms and conditions as the outgoing tenant?

    Give us a thorough explanation just like you would have to give in court if the tenant raised lack of mitigation as a defense to any money you sue him for.

  6. #6
    Join Date
    May 2018
    Posts
    5

    Default Re: Tenant Breaks Lease, Can I Charge Rent Until House is Sold

    Quote Quoting adjusterjack
    View Post
    Exactly how did you "try" to re-rent during those two months and for how much rent and was it for the same terms and conditions as the outgoing tenant?

    Give us a thorough explanation just like you would have to give in court if the tenant raised lack of mitigation as a defense to any money you sue him for.
    We started advertising the property for the same terms and amount of rent the day they moved out.
    We restored the house back to rentable condition since they left it more than the “usual” dirty, they destroyed blinds, lost keys and holes in the walls.
    We showed the house to prospective tenants.
    We also ran some credit and background checks.
    We still have all the text messages and emails between us and prospective tenants.
    Unfortunately all these efforts with no results, i.e. not enough income, eviction notices, recent bankruptcies and collections.
    We did everything we could besides trying to give the house away for free.

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Tenant Breaks Lease, Can I Charge Rent Until House is Sold

    And that allows you to seek rent for that period from the tenant. Once you stopped marketing the house to rent, you are no longer owed rent from the former tenant.

    1. Sponsored Links
       

Similar Threads

  1. Breaking a Lease: What Can a Landlord Do After a Tenant Breaks a Lease
    By inmom in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 12-02-2015, 06:01 PM
  2. Security Deposits: When Must a Landlord Refund a Security Deposit After a Tenant Breaks the Lease
    By lexie in forum Landlord-Tenant Law
    Replies: 4
    Last Post: 12-12-2012, 02:31 PM
  3. Breaking a Lease: Landlord's Duties After a Tenant Breaks the Lease
    By ppp in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 11-16-2012, 02:42 PM
  4. Security Deposits: When Does a Landlord Have to Account for Deductions if a Tenant Breaks the Lease
    By pwrpcman in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 08-01-2010, 03:27 AM
  5. Security Deposits: Landlord's Right To Withold Security Deposit After Tenant Breaks A Lease, in New York
    By ratba in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 03-06-2008, 05:35 AM
 
 
Sponsored Links

Legal Help, Information and Resources