What to do if I’m a landlord and my tenant broke their lease?

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What to do if I’m a landlord and my tenant broke their lease?

Did not give me a 30 day notice, instead left me a voice mail on the 8th saying he was leaving by the 30th. I have a deposit and last month rent. I would like to keep the money. This tenant is in the Marines but I do know he would have been notified 30 days prior to moving. How do I handle this situation and how I would comunicate this to the tenant?

Asked on December 7, 2012 under Real Estate Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Check your specific state's laws on landlord and tenant issues. In most states, you can keep the last month's rent and deposit and use that to a) offset your costs for rerenting the place and repairs as long as you provide him a specific accounting with proof and b) you must mitigate your damages by attempting to lease the premises and must inform him that he is still liable under the lease for the rent (minus the amounts you credit him for the deposit and last month's rent) until such time as you find a new tenant.


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