On Saturday our tenant broke her lease. Without notice. Our landscaper called and said a moving truck had arrived. We live in the same building. We went to the tenant to see what was happening. She handed us a letter from a mediator. She refused to talk to us and offered no explanation. I contacted the mediator. She said the tenant was vacating based upon significant condition issue related to the lack of water service to the premises, the serious impairments of her quiet enjoyment of the premises. We have had construction on the property. Including new windows and doors. Most of the work was done while the tenant was at work. As well as a water main break that left us with water while it was repaired. We initiated the water repair the next day after the break. There are 3 owners of the property. One is a 72 year old woman. That rental income is her only source of income besides social security. She happened to be in the hospital when the tenant moved out. Can we sue for the remainder of the lease?
1 Answer from Attorneys
Yes. Unless you participated in a mediation, the mediator has no authority to terminate a lease on her behalf. I would contact an attorney in your area and determine what your options are after he reviews the matter in detail. You should forfeit any security deposit immediately against the December rent.