What Should I Do if My Tenant Breaks the Lease?
When a tenant breaks a lease, the landlord has access to several remedies. First, the landlord can file a Civil Action against the tenant to seek payment of rent that would have been paid had the tenant complied with the lease. The landlord does, however, have an obligation to mitigate damages. For example, if a tenant breaks a lease with, say, four months left, the landlord can’t simply sue the tenant for the four months’ rent. First, the landlord must make reasonable efforts to rent the premises, and he must be able to document those efforts. Once the landlord makes that effort – but is not successful – he can seek to have the tenant pay all the monies that would have been paid under the lease, had the lease not been broken.