But what if your letter doesn't produce the desired result? You might be headed to court. Your former landlord might sue you for the rent due from the time you moved out until the end of the lease, or you might sue your former landlord to recover unreasonable deductions from your security deposit. If you or your landlord sues, you'll need to have some proof that the landlord failed to mitigate to support your position.
After you leave the rental, collect evidence of the landlord's efforts or lack thereof to rerent your former unit. Try to find out whether the landlord advertised check Craigslist and rental ads for a month or so , showed the unit ask the neighbors , rented comparable apartments but not yours, or in fact rented the unit and is now attempting to double-dip.
In some states, if you end up in court arguing that the landlord failed to take steps to rerent, you can't sit back and wait for the landlord to produce proof that he diligently tried to rerent. Instead, you will have to supply the proof of his laziness. Until recently, I rented your flat at 78 Oak Street in Monroe.
Unfortunately, a job transfer made it necessary for me to move to Harding, some miles away. As I explained in late May, I had no choice but to break my year's lease on June 1, 20xx. The lease had six months left. I left owing no rent for the time that I lived there. I was disappointed to receive your letter dated June 18, 20xx, in which you informed me that you expect me to pay you for the remaining six months' rent.
You stated that you will keep my entire security deposit two months' rent and have demanded that I pay you for the remaining four months' rent. As you know, rentals are scarce in this town, and I would think that you could rerent my flat, which is quite nice, fairly quickly. While I am prepared to cover one month while you prepare, advertise, and show the unit, I am certainly not willing to pay further rent on an apartment that you have purposely left empty.
The previous section applies to situations in which you do not have a legally justified reason for leaving. However, the law recognizes that sometimes tenants have justifiable reasons for moving out of a rental before their lease ends.
These include:. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service.
Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. However, the landlord can elect to continue the lease even after the tenant leaves and can continue to collect rent from that tenant without having to mitigate. Either way, tenants should still attempt to negotiate with their landlord, especially right now when small businesses cannot be evicted because they are unable to pay rent.
Your landlord may be willing to keep your security deposit, if it is large enough, in exchange for releasing you from the contract. A claim of constructive eviction is more difficult in a commercial tenancy than in a residential one. Courts honor these clauses and will not permit a tenant the defense of constructive eviction if the landlord pursues the defaulting tenant for rent. However, if your lease does not contain this waiver, and you vacate due to severely deferred maintenance or repairs, dangerous conditions causing injury, or a continuous nuisance, you may have a defense of constructive eviction.
If a commercial tenant is able to claim a constructive eviction and sues their landlord for damages, they may seek the return of rent, future rent, damages for a loss of business, and attorney fees. Because the amount of rent owed when a tenant breaks their commercial lease can be substantial, a landlord will likely sue in superior court rather than small claims court. Check the lease for an attorney fee clause. Tenants should attempt to negotiate if they are sued.
Given the cost and time it takes to litigate cases, landlords are often willing to settle for some amount of money now rather than follow through with a lawsuit. It is less likely that a commercial tenant will be sent to collections.
Typically the amount of rent sought by the landlord is large enough that they will choose to sue. But, if a tenant does receive a letter from a collection agency, they should immediately respond in writing. While not ideal, as a last resort, tenants that owe a substantial rent debt to their prior landlord may have to consider bankruptcy. This guide is not meant to replace legal advice from a tenant rights attorney on your particular matter.
Each case is unique and tenants can speak to a residential or commercial tenant rights lawyers by Tobener Ravenscroft LLP by calling We are proud to only represent tenants, never landlords. Our services include fighting landlord harassment, wrongful eviction, and habitability. Protection from Violence or Abuse. Self Help. Featured Self-Help.
Self-Help Guides. Ask a Question. Guided Forms. Informative Articles. More Resources. Court Information. Helpful Non-Legal Organizations. Types of Legal Help. Legal Assistance. Find Help. Legal Help Directory. Qualifying for Legal Aid. Working with Private Attorneys. Professional Use Only Forms. Search Search.
Will my lease continue after the written expiration date? What are the pros and cons of a month-to-month arrangement after my lease expires? How do I move out at the end of the lease? Example: Dear John Smith, Please accept this e-mail as notice that I do not intend to renew our lease agreement.
How can I get out of my lease early? The person was not the owner, or authorized by the owner, to lease it [a scam used by some con-men] b. The person was an unlicensed property manager, whose contracts are void [there are many of these] c.
The person was a tenant, who was not authorized to sub-lease or assign the place to you by their rental agreement, or d. The lease may be tied to a job on the premises, which you quit, such as a resident manager, grounds keeper, etc. The lease is oral, but is for more than a year by its terms, making it void under the Statute of Frauds as a legal matter.
In this case, your primary goal is to minimize your losses. Civil Code If you do this right, the landlord could end up owing YOU money. The usual situation is that you leave, but others prospective tenants have expressed an interest in renting your place, because you placed an ad in Craigs List, or whatever, and have their applications, which you forward to the landlord.
However, under Section However, these are NOT subtenants of yours, nor assignees. They would have a completely different rental agreement with the landlord, and yours would be over.
You only need to present them, and enjoy the deduction from your liability to the extent that these people WOULD have paid something.
Some tenants in this situation also have a friend contact the landlord posing as a prospective replacement, and the friend can then testify as your lawsuit against the landlord how he handled the situation. If you want to have some fun, making the landlord WANT you to leave can be a hoot. You can do this by starting a tenant association in the building, advising other tenants of their rights.
0コメント