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

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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 12 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.)


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