What are the consequences for a tenant who is breakingtheir lease?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are the consequences for a tenant who is breakingtheir lease?

My tenant is 5 months into a 1 year lease and has notified us that he will be breaking his lease to buy his own house. I know that this is breach of contract but what are the consequences that he can face?

Asked on July 19, 2011 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A lease is, as you clearly know, a contract. Both parties are obligated to its terms. In this situation, this means that the tenant is liable for the remaining balance of the rent, for the remaining lease term. So if it is a 12 month lease and 5 months will have passed at the time of the breach, the tenant will be responsible to pay you the remaining 7 months due under the lease and you may (1) apply any security deposit to that amount; and/or (2) sue the tenant, such as in small claims court. You do have your own obligation: you have to try to rerent the premises, using reasonably diligent efforts, and cannot charge the tenant after you rerented the space, if that occurs before the end of the tenant's lease term. (E.g. tenant breaches in month 5; you find a new renter who takes the space starting in month 8; you can recover 3 months, or 8 - 5, of rent from the tenant.)


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