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Updated almost 3 years ago on . Most recent reply
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Breaking Lease early
Hi
I have a tenant that is moving out after 6 months of a 12 month lease.
She gave me 2 months notice thinking that was acceptable because in the lease it says 60 days notice for renewing the lease.
I can’t find anything in the lease about what to do if someone breaks the lease. Is it assumed that they are responsible for the the whole duration of the lease?
Should I let this one go and just make sure there is something more specific in the lease going forward.
I have been trying to find a new tenant but as many of you know this is very time consuming. I work full time and before and after work all I do Is answer inquiries and show the unit. It’s been two weeks and I still haven’t found someone. I just want to be compensated for my time. I am also not sure what to do if I don’t find someone. Should I keep her security deposit?
Thanks!
Jess
Most Popular Reply
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Maine law require the landlord mitigate tenants losses when they break a lease. This means you have to actively be trying to rerent which you are so tenant is required to continue to pay the rent, and any utilities they're responsible for under your lease, until new tenant takes over. You can charge for actual expenses you incurred IE advertising, credit reports etc as well
Most leases are specific on what landlord requires when tenant breaks a lease as the more specific the better chance the tenant meets the requirements IE management placement charge, ELT (early lease termination fee) instead of just stopping the paying of their rent and allows you to not spend your time without repayment for your efforts
Rental market is crazy tight so 60 days should be doable to rerent unless something is wrong with apt, you chosen advertisement strategy or your rent amount.