Can I sue a tenant who broke a one year lease after six months?

He left with no warning. Can I sue for the remainder of the lease? No one else has moved in yet. .

Louisville, KY -

Attorney Answers (2)

Carol Lynne Zimmerly

Carol Lynne Zimmerly

Landlord / Tenant Lawyer - Kissimmee, FL
Answered

Kentucky Statute of Limitations:
15 years to sue on written contract.
5 years to sue on oral contract.
1 year for injury.
5 for real property.
2 for personal property.

Yes, you can still sue, the time hasn't run out yet.
Remember, the longer you wait, the older the evidence gets.
I don't know if you can sue for the entire remainder of the year-long lease or only
until the tenant moved out. Read your written lease agreement to see what it says.

It would be well worth the money to pay an attorney to look at the lease and give his
opinion, even if you want to do the lawsuit yourself.

Good luck. I hope you took pictures, remember to take pictures before and after each tenant for proof.

Inna J Efimchik

Inna J Efimchik

Venture Capital Attorney - Redwood City, CA
Answered

Also keep in mind that there is usually a duty to mitigate. In other words, if you have not been trying to re-let your property, you are not in as good a position to collect damages as you would be if you were trying your hardest and still could not come up with rent in the full amount owed by the tenant that left.

Best of luck!

No Attorney-Client Relationship. This post has been prepared by Inna Efimchik of White Summers for general... more

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