So I am a landlord and my tenant was not paying has skipped so I could not get the eviction to him. Now I have located him and I am planning to send a civil law suit to him. My question is I am going to suite him for the past payments he missed and would have been evicted for but I also want to include the payments that he would have made per the legal contract between him and I. Just up to the point to were I got a new resisdent into the property. I have heard this is ok to do. I would like to know from someone for sure before I going filing the suite.Can you sue a previous tentant for payment they would have mand if they were still in the rental property up to the point to when a new tenant occupied the residence? email@example.com
Answered on: 6/25/13, 8:45 am by Glenn M. Lyon, Esq.
Yes, basically. You may sue for any damages caused by the tenant's breach of the lease (typically unpaid rent and property damage). However, you have to take reasonable steps to mitigate your damages, which usually means finding a new tenant. So, you cannot collect for rent twice, only the time the property was vacant.
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