What are rights as landlord if a prospective tenant signed a lease, gave first month’s rent plus a security deposit and then 1 week before move wanted out?

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What are rights as landlord if a prospective tenant signed a lease, gave first month’s rent plus a security deposit and then 1 week before move wanted out?

After she signed rental aggreement we turned down other prospective tenants.What are our rights as landlords? When she broke the lease we were without a new tenant for 1 month. She voided the checks so we were out 1 months rent.

Asked on April 5, 2012 under Real Estate Law, California

Answers:

Glenn M. Lyon, Esq. / MacGregor Lyon, LLC.

Answered 8 years ago | Contributor

I agree with SJZ.  His response applies in Georgia, assuming the property is located in Georgia.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Once a tenant signs a lease, she is obligated  to it. The landlord could sue her for all rent due for the entire length of the lease, or until the landlord  re-rents the apartment, whichever comes first. In this case, since you re-let the premises in one month, you could potentially recover one month's rent from the tenant; since you do not have any security from her to draw upon, because she voided the checks, you'd have to sue her to recover the money, which may or may not be worth doing economically.


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