Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
^^^ Wrong! Any judge will make a LL proof he/she tried to re-rent the property. A LL has to proof the ways he advertised actively otherwise the tenant is off the hook to pay rent. A LL has the right to deny a tenant if the tenant doesn't qualify under reasonable circumstances but if a LL denies a tenant for no reason other than to collect rent on an empty rental which makes sure nothing will be damaged or broken which can happen with a tenant in it...than the LL won't be able to collect rent and the judge will order the LL to pay the remainder back to the tenant who broke the lease.
A tenant who is breaking the lease should be actively be involved and advertise the property as well (can use free websites or fliers) so it will rent faster so the tenant won't lose out of much money.
We have a case like that right now and rented it our pretty fast after the tenant broke the lease...there is a few weeks in between one tenant moved out and the other will move in though and we will keep the sec. deposit for breaking the lease and rent paid for last month's rent paid upfront to cover the missing weeks in between.
depends on the state, not all states require this and some spell out what has to be done. two years ago ny appelate court overturned previous law and says landlords are no longer under any obligation to mitigate damages ..
Last edited by mathjak107; 10-25-2010 at 03:47 AM..
^^^ Wrong! Any judge will make a LL proof he/she tried to re-rent the property. A LL has to proof the ways he advertised actively otherwise the tenant is off the hook to pay rent. A LL has the right to deny a tenant if the tenant doesn't qualify under reasonable circumstances but if a LL denies a tenant for no reason other than to collect rent on an empty rental which makes sure nothing will be damaged or broken which can happen with a tenant in it...than the LL won't be able to collect rent and the judge will order the LL to pay the remainder back to the tenant who broke the lease.
A tenant who is breaking the lease should be actively be involved and advertise the property as well (can use free websites or fliers) so it will rent faster so the tenant won't lose out of much money.
We have a case like that right now and rented it our pretty fast after the tenant broke the lease...there is a few weeks in between one tenant moved out and the other will move in though and we will keep the sec. deposit for breaking the lease and rent paid for last month's rent paid upfront to cover the missing weeks in between.
if you re referring to ny then your wrong.that ruling was overturned 2 years ago and landlords in ny no longer are required to mitigate those damages. basically it comes down to this in ny now, ------------------- in summary the appelate court ruled:
“While Landlords may certainly take
comfort in the idea that they may no
longer be required to mitigate in the event
of a tenant breach, they should
nonetheless take care in the drafting of
their leases to make sure that the
requisite language is included and that
they do not accept the surrender by the
tenant and nullify the lease language.”
^^^ Wrong! Any judge will make a LL proof he/she tried to re-rent the property. A LL has to proof the ways he advertised actively otherwise the tenant is off the hook to pay rent. A LL has the right to deny a tenant if the tenant doesn't qualify under reasonable circumstances but if a LL denies a tenant for no reason other than to collect rent on an empty rental which makes sure nothing will be damaged or broken which can happen with a tenant in it...than the LL won't be able to collect rent and the judge will order the LL to pay the remainder back to the tenant who broke the lease.
A tenant who is breaking the lease should be actively be involved and advertise the property as well (can use free websites or fliers) so it will rent faster so the tenant won't lose out of much money.
We have a case like that right now and rented it our pretty fast after the tenant broke the lease...there is a few weeks in between one tenant moved out and the other will move in though and we will keep the sec. deposit for breaking the lease and rent paid for last month's rent paid upfront to cover the missing weeks in between.
You are assuming here that all state laws are the same. As mathjak pointed out, they are not.
However, my point was that if a tenant is still paying rent and occupying, they HAVE no loss, so a landlord may not have an obligation to mitigate in any state.
Quote:
When a tenant comes to see the rental and you are still living there, you can ask for their info....just being streetsmart can help you a lot.
At which point, a streetsmart prospective tenant will walk away, and you will lose that prospective tenant. If I am viewing a unit to rent, my information is NONE of a prior tenant's business. This is yet another reason why it is more difficult to rent out an occupied unit, and why a judge might find that a LL has no obligation to rerent until the tenant vacates.
At which point, a streetsmart prospective tenant will walk away, and you will lose that prospective tenant. If I am viewing a unit to rent, my information is NONE of a prior tenant's business. This is yet another reason why it is more difficult to rent out an occupied unit, and why a judge might find that a LL has no obligation to rerent until the tenant vacates.
Very good point. I would imagine a current tenant asking me for my contact details would be pretty high on my weird and creepy scale.
I cant speak for other states but ny but the landlord mitigating damages can be a virtual minefield.
2 ways a tenent can weaselout of a leases terms in ny is called surrender or control...
I dont want to get into detail here on the surrender part but heres what control means..
a landlord has to be very careful when re-renting an apartment where he is still claiming that the exisisting tenant will be held to the lease until re-rented.
if the landlord goes in and starts to ready things to re-rent and he dosnt do it on behalf of the tenant by getting written permission from the person he is holding to the lease then the moment he goes in and starts to paint and make ready he is deemed to have taken control back of the apartment and the tenant is off the hook from that moment on...
the landlord cant have it both ways, he cant take control by entering the apartment and renovating while claiming its still the tenants apartment.
he can only do this by carefully getting permission first...
Landlords blow this all the time..the tenant moves out early. the landlord gets the apartment ready to re-rent and then bills the tenant for the time until its re-rented and unknowingly they cant do that... they cant do anything to that apartment unless the tenant gives them permission to intervene on their behalf.
Landlords blow this all the time..the tenant moves out early. the landlord gets the apartment ready to re-rent and then bills the tenant for the time until its re-rented and unknowingly they cant do that... they cant do anything to that apartment unless the tenant gives them permission to intervene on their behalf.
It seems like this rule would only hurt the tenants as it seems to give the LL a pretty good reason why they couldn't re-rent the apartment.
he can in some states but most cases would end up with the landlord having to sue the tenant in court to collect ... even with that law most states dont define what it is a landlord has to do if he is obligated to mitigate damages.. when our state had the law before it was overturned a sign on the lawn on a dead end end street may have been ok.
most states that do have mitigation laws allow for a landlord to rent his vacancys before yours ...basically your either on your own in any case to sublet or find a tenant or seek the advise of a well skilled attorney who knows the loopholes...depending on your state their are more than you think for getting out of a lease..
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
