Legal Question in Real Estate Law in Nevada
Tenant breaks lease
Our tenants broke the lease for a rental home 4/1/09, the lease was until 8/31/09. They gave me a 30 days notice letter, I have a $2000 deposit. What can a recoup from them and can I keep the security $?
2 Answers from Attorneys
Re: Tenant breaks lease
Some leases specify liquidated damages for the tenant leaving early. Most don't. I assume yours doesn't. In that case your damages are lost rental income, if any, with you making a diligent effort to find new tenants. So, if you find new tenants by the middle of April, you are only out half a month's rent and should return the balance to your old tenants unless you had additional expenses in connection with the change of tenants such as advertising or cleaning.
You didn't mention any damage so I assume there was none. Your tenant apparently showed good faith by respecting your building. You should show good faith by trying to find suitable replacement tenants ASAP.
Re: Tenant breaks lease
Keep the deposit. Try to re-rent and sue for the rent lost before you re-rent.
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