Moving in the middle of a lease

If your tenant wants to move out in the middle of her lease. normally she may not do this. She signed the lease, so she is bound by it, just as you are. She cannot simply "break" a lease.

provided by: 

If your tenant wants to move out in the middle of her lease. normally she may not do this. She signed the lease, so she is bound by it, just as you are. She cannot simply "break" a lease.

What if the landlord breached the lease?

If you breached your express or implied promises in the lease in some significant way (e.g., by failing to keep the place habitable), she may have the right to terminate the agreement before it expires. She has been "constructively evicted," so she may end her obligations under the lease.

May the tenant find someone else to take her place?

If the lease has no language preventing her from assigning or subleasing, she might try to find someone else to take your place. This person will pay rent to her, and she will pay it to the landlord. If this person fails to pay the tenant, the tenant still owes the rent to you - unless you accepted this new person as a replacement for the tenant. You have no obligation to accept the new person as a replacement (i.e., one that gets the old tenant off the hook) - though you may have to accept the new person as an "assignee" or "subtenant." This might not be bad for you, as it might give you two sources for the rent: the new person and - if he fails to pay - the old tenant.

Sometimes your agreement will allow the tenant to assign or sublease, but only with the landlord's consent. If the tenant presents a potential assignee or subtenant to you who is a good tenant, you might be breaching the lease if you unreasonably withhold your consent. This might constitute a "constructive eviction" that allows the tenant to terminate the lease.

What if the tenant simply moves out?

If the tenant simply moves out during the lease, she has breached the lease, and you may hold her liable for your damages. You might sue her or simply take your losses from the security deposit. But in most states you have a duty to try to "mitigate" your losses by renting the place as soon as possible to someone else. Even if you are able to re-rent it quickly, you still might hold the tenant liable for advertising costs and the like.GotTrouble.com
Regional Articles
- Moving in the middle of a lease Alabama
- Moving in the middle of a lease Alaska
- Moving in the middle of a lease Arizona
- Moving in the middle of a lease Arkansas
- Moving in the middle of a lease California
- Moving in the middle of a lease Colorado
- Moving in the middle of a lease Connecticut
- Moving in the middle of a lease DC
- Moving in the middle of a lease Delaware
- Moving in the middle of a lease Florida
- Moving in the middle of a lease Georgia
- Moving in the middle of a lease Hawaii
- Moving in the middle of a lease Idaho
- Moving in the middle of a lease Illinois
- Moving in the middle of a lease Indiana
- Moving in the middle of a lease Iowa
- Moving in the middle of a lease Kansas
- Moving in the middle of a lease Kentucky
- Moving in the middle of a lease Louisiana
- Moving in the middle of a lease Maine
- Moving in the middle of a lease Maryland
- Moving in the middle of a lease Massachusetts
- Moving in the middle of a lease Michigan
- Moving in the middle of a lease Minnesota
- Moving in the middle of a lease Mississippi
- Moving in the middle of a lease Missouri
- Moving in the middle of a lease Montana
- Moving in the middle of a lease Nebraska
- Moving in the middle of a lease Nevada
- Moving in the middle of a lease New Hampshire
- Moving in the middle of a lease New Jersey
- Moving in the middle of a lease New Mexico
- Moving in the middle of a lease New York
- Moving in the middle of a lease North Carolina
- Moving in the middle of a lease North Dakota
- Moving in the middle of a lease Ohio
- Moving in the middle of a lease Oklahoma
- Moving in the middle of a lease Oregon
- Moving in the middle of a lease Pennsylvania
- Moving in the middle of a lease Rhode Island
- Moving in the middle of a lease South Carolina
- Moving in the middle of a lease South Dakota
- Moving in the middle of a lease Tennessee
- Moving in the middle of a lease Texas
- Moving in the middle of a lease Utah
- Moving in the middle of a lease Vermont
- Moving in the middle of a lease Virginia
- Moving in the middle of a lease Washington
- Moving in the middle of a lease West Virginia
- Moving in the middle of a lease Wisconsin
- Moving in the middle of a lease Wyoming
Related Articles
- Renters Rights - Landlord Refuses To Make Repairs
In the early 1900’s, a landlord had no legal obligation to make repairs to a tenant’s premises. Under common law, once property was leased out to a tenant, the responsibility to maintain and repair that property belonged solely to the tenant.
- Glossary of Landlord Law Terms
- Stop Eviction – Rent Out A Room
- Oral rental agreements
- Glossary of Tenant Law Terms
- Getting Evicted – Don't Represent Yourself
- Month-to-month lease agreements
- Fighting Eviction
- Glossary of Real Estate Terms