Excessive damages if house is un-rentable - is tenant responcable

[Bill Dodge]

If the out going tenant puts multiple holes into the walls and therefore makes the property un-rent-able  until the holes are fixed, is the out going tenant responsible for the loss in rent income ( 1 month) and can it be deducted from the Damage deposit.

[Deanna McCormick]

I'd recommend you download a copy of the MN landlord tenant laws as this is rule book.

So:

1. If the tenant moved out you can charge for repairs.

2. If the tenant vacated, moved out as planned, with proper notice you can not charge for the time the apartment is down while you do repairs to make it ready for re-renting.. 

3. IF the tenant left and didn't give notice, you can charge for the balance of the lease up to the time you re rent but you have to show you started trying to rent the unit right after you knew the tenant moved, (take a copy of the ad you put up) Then if you re rent you can't charge the old tenant for any further days. Basically you can't charge rent double from old tenant and new one.. 

Ex: Tenant had lease that ends May 31. They didn't pay April rent and left early April 5th, they damaged the walls.. You charge for April Rent, You charge for May rent. you charge for fixing walls. You send out move out charge sheet with those charges within the 21 day MN time period ,so if they left April 5, the mover out security deposit charge sheet has to be in the mail by April 26th..And you put it in the mail not email, if you don't know where they moved address to the apartment they just left, the post office will either forward it or return it, if returned don't open keep it on record. 

You start to advertise April 10th, you get new tenant to move in by April 20th.. 

You then need to send adjusted move out charge sheet. showing the new change, charging only the rent  for the last 10 days of April and nothing for May... and you can charge still for the repair work.

Hard to say if you'll get any money out of them over what they had for security deposit if they left a damaged unit.