If a tenant broke their lease, how long beforeI can move in another tenant?

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If a tenant broke their lease, how long beforeI can move in another tenant?

A tenant moved in and out my rent house after turning on utilities and paying the first month,. She claims that she saw a roach and moved out. I had an exterminator there within 12 hours to solve problem, however she broke the lease and abandoned the house (leaving keys on table and windows unlocked). Anew tenant wants to move in. What can I do?

Asked on April 18, 2011 under Real Estate Law, Louisiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Ok, there are a few ways that you can handle this.  You have a written lease, correct?  If the tenant broke the lease and you are ok with them leaving and getting someone new in then you can do a written agreement terminating the lease. Otherwise you would have to formally evict them in court in order to be permitted to re-rent the house. Be aware, though, that the tenant is still liable under the lease and would have to prove that the house was in some way uninhabitable to be let out of the agreement.  They can not just leave.  A judge has to say it is ok (unless you agree).  So ask the old tenant to sign the termination agreement (they will or be liable for the remaining months rent) and get the new tenant in.  Good luck.


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