Broken lease : ezLandlordForms

T

Tony C

started a topic over 14 years ago

Hello, I had a tenant break a one year lease, and destroyed my home in just 3 short months. Thankfully I did find a replacement, but I did have make a house payment out of pocket. Can I sue him for the damages to my home as well as the remainder of the broken lease? What about the costs of finding a new tenant?

D

Donna

said over 14 years ago

Within 21 days after the teant leaves the unit, the landlord must refund your full deposit, or the balance of the deposit, if any with any deductions which must be itemized in an accompanying notice. The landlord may only deduct from a security deposit amounts that are reasonable to clean the premises for the next tenant, repair damages beyond normal wear and tear, and pay unpaid rent the tenant owed but did not pay. The costs of finding a tenant probably would not stand up in court should a tenant challenge it; and often times even though law may permit it in some states, a judge may challenge the deduction of the balance of a lease. Anything that is over and beyond the security deposit may be collected as well. In my experience though, it is pretty tough but I have been able to recover it on occasion.

R

Renee R

said over 13 years ago

You'll have to pursue the tenants in court, and secure a judgment against them for the unpaid rent, the damage, and the stolen items. Odds are very good you'll get the judgment, and you'll probably get a call from them eventually asking to negotiate a price for the judgment.

J

Jessica B

said over 12 years ago

Dawn, if this happens you may be able to keep the security deposit they paid to alleviate the costs, however if it's due to health related issues I am not sure. You may want to contact a local attorney to be sure.

B

Bob R

said over 12 years ago

Are they still living there?

C

Chris S

said over 12 years ago

I have a question close to the same as Dawn. My property was up for rent and i showed it to a couple that loved it. wanted me to hold it for them from April til June 15th. and asked what i needed to hold it for them... i said one month so they wrote .. me a check for that amount. come time to sign the leases a month later they asked if they could get less theheld tn a years lease.. and i told them i was very open that it was a years lease ... so now they want the up front money back... even thought i took the house off the market and lose a months rent... Do i need to give it back to them? I am in IL ty Donna

C

Chris S

said over 12 years ago

I have a question close to the same as Dawn. My property was up for rent and i showed it to a couple that loved it. wanted me to hold it for them from April til June 15th. and asked what i needed to hold it for them... i said one month so they wrote .. me a check for that amount. come time to sign the leases a month later they asked if they could get less theheld tn a years lease.. and i told them i was very open that it was a years lease ... so now they want the up front money back... even thought i took the house off the market and lose a months rent... Do i need to give it back to them? I am in IL ty Donna

C

Chris S

said over 12 years ago

I have a question close to the same as Dawn. My property was up for rent and i showed it to a couple that loved it. wanted me to hold it for them from April til June 15th. and asked what i needed to hold it for them... i said one month so they wrote .. me a check for that amount. come time to sign the leases a month later they asked if they could get less theheld tn a years lease.. and i told them i was very open that it was a years lease ... so now they want the up front money back... even thought i took the house off the market and lose a months rent... Do i need to give it back to them? I am in IL ty Donna

C

Chris S

said over 12 years ago

I have a question close to the same as Dawn. My property was up for rent and i showed it to a couple that loved it. wanted me to hold it for them from April til June 15th. and asked what i needed to hold it for them... i said one month so they wrote .. me a check for that amount. come time to sign the leases a month later they asked if they could get less theheld tn a years lease.. and i told them i was very open that it was a years lease ... so now they want the up front money back... even thought i took the house off the market and lose a months rent... Do i need to give it back to them? I am in IL ty Donna

D

Dawn A

said about 12 years ago

They are liable for the rent through the end of the lease but you have to be diligent in finding a replacement tenant. Keep in mind that in WI, it's cold and therefore people don't move as much making it harder to find a new tenant. The security deposit can cover damages such as lost rent. It's in your best interest to find someone else NOW while at least its in the 50s.

M

Michelle D

said about 12 years ago

Depends on how your Lease was written and if it followed WI statutes. Wisconsin Way/Landlord-Tenant Guide: http://datcp.wi.gov/Consumer/Wisconsin_Way/index.aspx Tenants Rights: http://datcp.wi.gov/uploads/Consumer/pdf/TenantsRights143.pdf IMPORTANT NOTE: 2011 WI Act 143, enacted in March 2012, made several important changes to landlord-tenant law. Click here https://docs.legis.wisconsin.gov/statutes/statutes/704.pdf for a copy of the new law and click here to see a copy of 2011 WI Act 143 https://docs.legis.wisconsin.gov/2011/related/acts/143 and WI Legislative Council Act memo https://docs.legis.wisconsin.gov/2011/related/lcactmemo/sb466.pdf explaining the changes. This information replaces sections of The Wisconsin Way.

D

Derrick D

said about 10 years ago

Yes you are entitled to keep the security because they are breaking the lease and you will need that to cover the 30 days that you properly did not get. Technically you may be able to hold them accountable for every month that the property is empty if you want to keep on them for it.

J

Jeremy S

said about 10 years ago

What sort of documentation do I need to keep in case they come back at me? She mentioned that during their break up she called the cops. That's all she told me, do I need to treat that as a domestic violence case? If it is a domestic violence case do I need to give her half of the security deposit back or the full security deposit? Can I keep the guys half seems he took off and has not returned any of my e-mails or calls. Thanks.

R

Richard W

said over 9 years ago

Yes, make sure that there is proof that the HVAC has ben there and that the AC is in proper working order, then you can go after them for the remainder of the rent until the end of their lease. Also make sure that they cannot return to the premises. Keep the note that they left that they have vacated so that you can legally change the locks.

S

Scott H

said almost 7 years ago

If it is a month to month 30 or 60 days as stated in the lease. If it is a year long lease they are responsible to until they end date of the lease, if they do move out you need to mitigate damages by getting it rerented as soon as possible.