What to do if our tenants moved out 4 months into a year lease?
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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 11 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.
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