If my tenant broke their lease 5 months early and I now want to sell property, are they still
responsible for the 5 months?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my tenant broke their lease 5 months early and I now want to sell property, are they still
responsible for the 5 months?
Asked on November 9, 2016 under Real Estate Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Yes, they are, if you had (as I presume) a written lease for a definite term: when that is the case, if the renters break their lease, they remain liable for the rent until the earlier of:
1) the expiration of the lease; or
2) the landlord re-rents or sells the property (not just lists for rental or sale; actually re-rents or sells), with the following caveat--the landlord must be making good faith and reasonable efforts to re-rent or sell (e.g.working with a realtor; listing on MLS and/or in the media; etc.)...if the court feels the landlord wasn't trying properly or hard enough, if you sue for the rent, the court may limit how much you can get, such as to rent for only the amount of time it thinks it "should" have taken you to re-rent or sell, if you'd made reasonable efforts.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.