Tenant is moving with 6 months left on their contract to lease home. Are they responsible for rent until I can find a new tenant?
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Tenant is moving with 6 months left on their contract to lease home. Are they responsible for rent until I can find a new tenant?
They have informed me they are moving out in 1 month. They signed a 1 year lease.
Asked on July 23, 2018 under Real Estate Law, Kentucky
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Yes they are. The fact is that a lease is a contract, and just like any other contract both parties are bound by its terms. In this case, your tenant is obligated to pay their rent until the expiration of the lease. That having been said, as a landlord, you are under a duty to "mitigate damages". This means that you must make a good faith effore to re-rent the premises to another tenant. If you do, then your original tenant will be relieved from their rental obligation.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Yes they are. The fact is that a lease is a contract, and just like any other contract both parties are bound by its terms. In this case, your tenant is obligated to pay their rent until the expiration of the lease. That having been said, as a landlord, you are under a duty to "mitigate damages". This means that you must make a good faith effore to re-rent the premises to another tenant. If you do, then your original tenant will be relieved from their rental obligation.
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