broken lease-need to travel to show-can I deduct from security de

[Kate C.]

Hello- My tenant signed a one year lease (after completing a two year lease) in July.  They just called two days ago (October 10th) to tell me they are breaking the lease and will move out and stop paying rent November 1st.  They bought a new house and I wish had told me earlier, now I am scrambling to find tenants and will need to rent below fair market value to fill this vacancy.  Winter is the hardest time to rent.  I may find someone to move in Nov 1st for two months at $400 below the rental rate and may be able to find another 6 month lease on January 1st.  I know I can withhold the loss in rent.  Can I withhold my expenses for having to travel there to show the property? (airfare and hotel?)  I live in CA and the house is in DC.  Thank you very much for your time and advice.  

[Max T.]

Depends on your local laws and your lease, but in many places you CAN charge a tenant for all of the rent payments throughout the remainder of their lease terms.

Some states require you to mitigate your damages (attempt to re-rent). If you have to lower the rent you CAN charge for the difference, and you CAN charge for costs associated with re-renting. I don't believe your travel costs will count, but marketing/staging will.

Check your local laws!