Q: Tenant moving out before the end of lease without paying rent. Says she found a replacement which we did not accept and
The current tenant has 2 months left on her lease. She found a replacement but that person would take on the remaining lease only if we agree to let that person to continue living for the next year too. That is, sign a new lease with that person for the next year. But the problem is we are not sure about renting our house for the next year and we could not promise anything to that person and hence we declined our current tenant's proposal for her replacement. Now she is telling that it was her job to find us a replacement ehich she did and since we didn't want that person, it is not her responsibility and she can break the lease without paying any rent.
What are my options here? I am fine withthe other person finishing off the current lease but I cant say for sure that I will provide my house for rent for the next year too. I feel like the current tenant is taking advantage of this and ripping us off.
A: Normally, a tenant is responsible for finishing a lease term, including paying rent. A landlord must try to "mitigate" their damages. That means, if a tenant breaks a lease, a landlord must make reasonable efforts to re-rent the property. Those are the general principles. You have not provided enough detail to say much more about your specific situation, such as whether the lease provides for a different set of rules under the circumstances. Because your situation involves two months rent (and potential attorney fees, if provided for in your lease), it would be worth you while to have an attorney review your situation.
A: It depends on the terms of your lease, but it sounds like the tenant is in breach. You may be able to deny the sublease and hold the tenant accountable for the remaining period of the lease. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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