deposit refund, unable to mitigate rent, due to repairs needed : ezLandlordForms

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deposit refund, unable to mitigate rent, due to repairs needed

Robert B

started a topic over 8 years ago

Tenant stayed 9 years so there are lots of normal wear and tear type repairs in addition to termite damage, etc. He only gave me 4 days notice. I can't re-rent it immediately (as I believe the law says I am supposed to do in order to mitigate his rent due) since repairs will likely take at least a month. Do I have to return to him 26 days worth of rent? He did not give me proper notice at all, but I would not have been able to rent it at the end of his 30 days even if he had. I have looked at Kansas LL and tenant handbooks, and neither address this specific situation.

1 Comment

Ai

said over 8 years ago

Really read through your lease. See the notice requirements. Most states notice is at least 30 days unless stated otherwise in the lease. The tenant is responsible for the rent until the end of the term. When they give the 30 days notice they are still required to pay that months rent. The security deposit is there for repairs, make sure you have sufficient proof of the damage made and the repairs needed, and repair costs. Have everything documented.