Looking for advice, is this a breach of lease? : ezLandlordForms

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Looking for advice, is this a breach of lease?

Sara B

started a topic almost 10 years ago

Tenants are in a 12 month, auto renew agreement with a 90 day written notice. After their year was over and in thier 13th month, tenants gave a 1 months notice. Tenant gave " 1st and last months rent" and now expecting thier last months rent back. Do I have grounds to go to small claims court to persue the last 60 days + cost of re-rental? The total cost of lost rent ( 2 months) is $2600. Re-rental is roughtly $1000. Any advice??

1 Comment

Susan P

said almost 10 years ago

They can never ask for the last months rent back, they must pay all months that they are in the rental. If they do not pay you can go to small claims to try and procure your lost rent. Also if it is agreed to that they must give 90 days notice to leave, they must pay for those months. In any case you may need an attorney to make sure that state law does not supersede the written lease.