When the tenant has signed a long-term lease (one year or more), and a couple of weeks after needs to move to another location.
If the landlord demands to be paid for the rest of the months according to the lease, he does not have a right to have another tenant and be paid again for those months.
What are some terms that deal with this?
I need more specific terms than rights of the tenant/landlord.
I need more specific terms, like "retaliatory eviction" or "warrant of habitabilty" etc., but dealing with the situation I described above. If you are in a legal field, you can probably help me.
Most helpful gets 10 points. Thank you!
2007-09-23 06:52:07 · 8 answers · asked by babigrl22 4 in Politics & Government ➔ Law & Ethics
I don't need an attorney. I need this for a class.
2007-09-23 06:58:31 · update #1
Debbie,
I'm pre-law and taking Legal Research. I didn't take any courses dealing with the actual laws themselves, just techniques. But I was trying to chose a topic for one of my assignments. So your answer is not helpful at all. I actually know all about American 2d and Corpus Juris Secundum. =)
2007-09-23 07:14:10 · update #2
Mitigation of damages. The landlord can not intentionally let the apartment remain vacant without making an effort to rent it (if you have moved out and properly noticed your leaving and allowing the apartment to be rented by another.)
You can only be charged for the remainder of the lease if the landlord has made an effort to rent and was unable to rent it.
If the landlord rents to another, he can not have his cake and eat it too. He can't charge double rent against you and the new tenant
2007-09-23 06:57:03 · answer #1 · answered by Anonymous · 4⤊ 0⤋
My understanding is that the landlord would be entitled to collect rent from you until the lease expired or he rented the premises again. If you moved and didn't voluntarily pay him the balance due under the lease, he would have to sue you to collect. When someone sues for damages, they are required to "mitigate damages" -- in other words, your landlord would have an obligation to take action to "mitigate" your damages by taking reasonable steps to get another tenant (such as advertising and showing the property to perspective tenants).
You would also have an obligation to "mitigate" damages. In other words, you could not do anything that would hinder the landlord's ability to rent the premises to another tenant. That would include damaging the premises or restricting access to the property (changing the locks, etc.).
I was a landlord for years.
Hope this helps.
2007-09-23 07:48:16 · answer #2 · answered by Nancy G 4 · 1⤊ 0⤋
Well, it's an issue of mitigation.
If the landlord has mitigated the damages from the breach, by renting out the property to someone else, they cannot recover the same amount from the tenant as damages.
But see also the "Collateral Source" doctrine, which may apply depending on the jurisdiction and the details of the case.
2007-09-23 07:06:02 · answer #3 · answered by coragryph 7 · 1⤊ 0⤋
Look in American Jurisprudence 2nd und landlord/tenant disputes. Use the index for the encyclopedias first and it will lead you by topic where you need to go. Yes I could tell you however I am a paralegal student and I have learned if you do not do the work yourself you will never get a handle on the tougher coures that follow.
2007-09-23 07:04:57 · answer #4 · answered by debbie f 5 · 1⤊ 0⤋
Usually there is a fee that you can pay too get out of your lease, and its not the rest of the months and its illegally for him to have another tenant and getting paid by you for the rest of the months. I am not in the legal field but I am liscensed by the state as a real estate agent but my liscense are on inactive status because I am in college.
2007-09-23 07:01:44 · answer #5 · answered by 4 Ever A Hustlers Wife!!!!!!!!! 2 · 0⤊ 1⤋
Here's a link for that regarding California landlord tenant law. Good luck.
http://www.caltenantlaw.com/breaklease.htm
2007-09-23 09:52:16 · answer #6 · answered by ? 3 · 0⤊ 1⤋
i dont comprehend, yet i hire in PA, and that i will inform you which you will lose that tenant in case you attempt and cause them to pay for the warmth once you have traditionally been doing so. in case you adjust the words of the unique settlement, they'd have the selection, legally, of shifting out with out breaking the settlement. this is assuming you have something in writing affirming the hire is month to month. it incredibly relies upon on the verbiage interior the hire. you could now not substitute the words with out giving them the selection of shifting out.
2017-01-02 13:59:25 · answer #7 · answered by ? 4 · 0⤊ 0⤋
Find an Attorney.
2007-09-23 06:55:25 · answer #8 · answered by A M 2 · 0⤊ 1⤋