What to do if our tenants moved out 4 months into a year lease?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if our tenants moved out 4 months into a year lease?

They claim that they moved out because of a an undisclosed latent defect – translation the motor on the spa tub leaked into an unfinished garage. The only damage caused was they couldn’t use that tub (there is a separate shower inches away from the tub and an additional shower and tub) and a small puddle of water in the garage. None of their stuff was affected no one was injured. Do they really have grounds?

Asked on December 30, 2012 under Real Estate Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From what you describe they did not have grounds to terminate the lease early, because the condition complained of did not affect habitability: as a general rule, only conditions or issues that render the rental premises unfit for use as a residence justify early termination. Therefore, you could sue them for the rent they owe for the unexpired portion of their lease term. Note that they might be entitled to some pro rata reduction (probably a small one) for not being able to sue the hot tub, so you might not get the entire amount you are seeking. You could also apply their security deposit vs. the unpaid rent.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption