Q: do I have to return rent if renter vacated early and I am able to find new renter AFTER the monthly rent was due?
My renter extended her lease till end of Feb. End of Jan. She told me she had vacated the property. She did not give 30 day notice. She paid Feb rent. I was able to find renter to move in Feb. (middle). Do I have to return the rent she paid for Feb. (prorated for the days the the property was vacant)?
A:
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
If she was a month-to-month tenant, she had to give proper 30 day notice in order to terminate tenancy. However, if you have been successful in finding a replacement tenant, you should should charge the former tenant only for the length of time the property was vacant, and for costs of finding replacement tenant (if any). Be sure to consult your own attorney to protect your legal rights.
A: Since your former tenant improperly breached your lease, then she is responsible for the rent until you find a new tenant and for the costs of re-renting out the unit (including clean up or real estate agent fees). Any excess money (prorated rent) should be refunded to the tenant.
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