break of lease : ezLandlordForms

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break of lease

Jeff C

started a topic over 14 years ago

The tenant gave 30 day notice to move-out early on a 1-year lease. They been their for 8 months. I can't seem to find anyone who will pay the same amount of rent. I have someone who will pay $300 less than their rent. Can I get the difference in rent ($300) from the tenants who broke the lease for the remainder of lease?

1 Comment

Denise S

said over 14 years ago

Usually many state laws say that the landlord must mitigate the damages. An interpretation of mitigation is to soften, make less harsh...... You could try and make the tenant be responsible for the damages which would be the difference but ultimately, it would be up to a judge to decide this. It is one of those tough calls to make.