What should I do if my tenant is moving out early due to ja ob loss/transfer but he hasn’t paid this month’s rent and wants to pay partial rent for the last month, paying the rest later?

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What should I do if my tenant is moving out early due to ja ob loss/transfer but he hasn’t paid this month’s rent and wants to pay partial rent for the last month, paying the rest later?

He is 6 monhs into a 1 year lease.

Asked on November 20, 2012 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Your tenant's job loss/transfer is not your concern; it does not alleviate any of his obligations under the lease, whether that is a written or oral/verbal lease. The law does not allow a tenant to break his/her lease early, or partial rent, due to a job loss or transfer.

You can do anything you could normally due when a tenant does not pay rent or terminates his lease early, such as file for eviction; take unpaid rent out of his security deposit; and/or sue him for any rent he has not paid to date or which he owes for the balance of a written lease, for the time after he breaks the lease.


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