What options does a landlord have when a tenant moves out before a lease expires?
A tenant may not legally end a lease before it expires unless a state or a federal law applies. Every state has tenant-landlord regulations that determine the reason a tenant may legally break a lease. In some states, for instance, a tenant may terminate a lease early to move to an elderly care facility. Federal law permits a tenant to break a lease when the tenant enlists in the military. If an exception does not apply, most states require the landlord to mitigate the damages by rerenting the rental unit. The landlord is not required to rent to an unqualified tenant, but must take reasonable steps to rerent the property. If the landlord incurs costs from the tenant’s unlawful termination, the landlord may sue the tenant if the damages exceed the tenant’s security deposit. A landlord should only sue the former tenant after rerenting the property. By waiting until the property has been rerented, the landlord can accurately assess the loss. The landlord can sue for the cost to find a ten
