Klass Law Group

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November's Legal Tidbit

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Question: My tenant left before the lease expired. Do I have to re-rent the place to another tenant?

Answer: Yes. The law imposes a ‘duty to mitigate’ damages on anyone who has sustained a loss. The original tenant is liable to you for rent of the remainder of the lease term. However, you must take prompt and reasonable steps to find a replacement tenant. Any rent paid by the replacement tenant during the original lease term is a credit against the rent owed by the original tenant. Failure to try to re-rent the unit gives the original tenant a defense to your claim for rent which came due after he left.

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