renter breaking lease agreement : ezLandlordForms

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Andrew C

started a topic over 16 years ago

Our renter informed us on the first day of their year lease that they are not going to move into the property. We have their deposit and sept rent. where do we go from here?

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Donna

said over 16 years ago

Security deposits protect the landlord if the tenant fails to pay the rent, or causes a lot of damage to the rental. In Oregon, there is no minimum or maximum amount a landlord can charge for the security deposit. How many days notice does your lease require to end it? Is it a fixed term lease or month to month? You may be able to keep Septembers rent and the entire security deposit to cover the loss. But beware, you must send your tenant notification of your intention. In most states, the landlord is also required to mitigate damages which means that the landlord must make every effort to re-rent. If you do re-rent, you must return the unused portion of any security deposit that was taken.

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Andrew C

said over 16 years ago

We have a one year lease with this tenant. At the end of the lease it goes to a month to month with a written notice of thirty days to renew or move out. So can we charge him just a flat 3 months rent if he wants to end his lease before his year term if he provides a written notice of his intention not to occupy the property?

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Donna

said over 16 years ago

As far as I know and you would really have to check with your attorney; In most states you cannot accept double rent. This is why there is usually a requirement to mitigate damages. SO...if you re-rent the apartment before 3 months time, you would probably have to return whatever balance of the security deposit is left. Again, each state is different and you may want to check with a local attorney or housing authority.