Quote:
Originally Posted by Deelow
I've got a similar question. Say tenant moves into a place on October 1st and it was assumed that it was a 6 month lease but the actual paper lease was never presented or signed. After 3 months tenant's professional situation changes and he is forced to move out. Giving a full month of notice tenant was moved out by Feb 1st. Landlord is now withholding the security deposit on the basis that the full 6 month lease was not completed. Only there is no documentation that a 6 month lease ever actually existed. Who wins?
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One thing I forgot to ask, is is the property still vacant? Or did they find someone else to rent it? Or did they even advertise it (I doubt you'd know that last one).
Reason I ask is even in the case where a tenant abandons a fixed term tenancy, while the tenant is responsible for the term of the tenancy, the landlord is legally obligated to minimize their damages; meaning they have to advertise and try and find a new tenant.
So if the property is rented as of Feb 1st, there's no damages to the landlord and they have to give the security deposit back. If the property is rented for March 1, then the tenant is only responsible for 1 month, etc...