Tenant breaking lease due to separation

[Jayson Hinkson]

I have a tenant that needs to break a lease due to separation.  They are 8 months into a 3 year lease.  So do I just get in there and get it back on the market or do I spend time and money trying to go after them?  I have already posted the property for rent and I am doing an inspection in 2 days.  Any help or advice would be greatly appreciated.  This is my first experience with this type of situation.

[Thomas S.]

It depends on your state regulations. They are responsible for the rent up to the point in time it is re-rented. Tenants can break a lease at any time they choose and it is then the responsibility of the landlord to mitigate damages. This is the primary reason why a lease is of no more advantage to a landlord than M2M. In most states the notice period is sufficient enough on M2M to allow a landlord to replace a tenant without a vacancy where as a tenant breaking a lease rarely gives proper notice.

Look for a new tenant and file the appropriate paper work to collect from the tenant if you do not find a tenant in time. If your tenant is employed you can garnish their wages to collect in most states which means a responsible tenant will pay what they owe. They will also be responsible for all your filing costs to serve and collect.  

Going after customers for money owed is normal practice in every business. If as a landlord you do not care if customers pay what they owe let them walk. I do not take tenants to court if they owe me less than $100. More than $100 and they get taught a lesson in financial responsibility.