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Can landlords sue for unpaid rent after re-renting a broken lease?

Can landlords sue for unpaid rent after re-renting a broken lease?

Q: Can tenants be sued for unpaid rent after moving out?

Yes, tenants can be sued for unpaid rent after moving out, especially if they broke the lease. However, landlords must consider any rent they earn from re-renting the property when calculating damages. If the property is re-rented quickly, the amount the landlord can claim may be reduced accordingly.

Full question:

I broke a 1 year lease. The owners rented the place out within a two week period of me leaving. Do they still have a right to sue me for the rent for the last month?

Category: Landlord Tenant
Subcategory: Lease Violation
Date: 04/07/2025
State: Wisconsin

Answer:

If a tenant leaves the rental property before the lease ends and fails to pay rent, the landlord can seek rent and damages. However, the landlord must reduce the amount they can recover by any rent they earn from re-renting the property. This means that if the landlords rented the place out within two weeks of your departure, they may not be able to collect the full rent for the last month you owe.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can a landlord charge late fees for unpaid rent after a tenant breaks a lease?

Yes, a landlord can charge late fees for unpaid rent if outlined in the lease agreement. However, the fees must be reasonable and comply with state laws. If the tenant has broken the lease, the landlord may still pursue these fees, but they must also account for any rent recovered from re-renting the property. It's important to review the lease terms and state regulations regarding late fees to ensure compliance.

What happens if a landlord does not mitigate damages after a tenant breaks a lease?

If a landlord fails to mitigate damages by not attempting to re-rent the property, they may not be able to recover the full amount of unpaid rent from the tenant. Landlords have a duty to make reasonable efforts to find a new tenant. If they do not, a court may reduce the amount they can claim from the original tenant based on the rent they could have earned.

How long does a landlord have to re-rent a property after a tenant breaks a lease?

There is no specific time frame mandated by law for how long a landlord has to re-rent a property after a tenant breaks a lease. However, landlords are generally expected to act promptly and make reasonable efforts to find a new tenant. The quicker they can re-rent the property, the less financial loss they may incur, which can impact any claims against the previous tenant for unpaid rent.