Tenant moved out before lease was up, does that break the lease?

[Josh Farmer]

I just had my tenant move out of the property and attempt to sublease to a random individual. Lucky this random individual decided to contact me and inform me of what a mess the property was in before she moved her stuff in. She was not a qualified tenant.

I changed the locks and am looking for a tenant.

Do I owe the original tenant any notification or can I proceed to get a new tenant in there ASAP? February rent and utilities were never paid.

[Patti Robertson]

I would absolutely peruse the old tenant.  Give them notice of the lease default - abandonment.  Check your state law for your requirements in the situation of abandonment.  In Virginia our law is very specific.  We have to give the tenant a 10 day notice, then store any items left for 30 days, unless the tenant instructs us differently.  The tenant is still liable for the rent and to keep utilities on.  If they turned them off, send a default letter for that too. Continue to bill them through the term of the lease, but be diligent about getting it ready and getting a new tenant.  They are liable until you place one.  I also bill them for any leasing fees incurred.  If they work or have assets, they should be garnish-able.  People cannot just decide to walk away from a contract.  

Landlords who allow tenants to walk away from contracts without pursuing judgments are just as much a problem for the landlord community as the tenants who walk away. I almost always even seek a judgment when the tenant isn’t collectible, because I feel it is that important to warn other landlords.