A tenant signed an residential 18 month lease,paid a secutrty deposit and two weeks rent and then changed his mind .What are my rights? Can I sue for the full rent period if I do not get another tenant and can he claim back the rent and deposit? He never occupied the house

Hello s:

You keep the money and use it to mitigate your losses. That is unless HIS losses exceed yours and/or you live in Florida.

If you don't live in Florida, you have to mitigate HIS losses by renting the unit as soon as you can. If you do it before two weeks has elapsed, then you owe him some change. If you rent it AFTER two weeks, plus whatever rental period the deposit covers, then he owes YOU money, and you can sue him for it.

You can find out your particular rights by reading your states landlord/tenant law. We have copies at the top of the real estate page on a "sticky note".

excon

Syl,
Once your tenant signs the lease they have a contractual obligation to fulfill the terms outlined on their behalf. Any losses that you may have suffered resulting from changing their mind can be recovered through litigation. The judge will rule in your favor but the size of the award depends on the judge. Sue for the full rent period and do not forget to include the court costs and any attorney fees resulting from this action.

Shobbs (Big Bro)

In most states you will have to try and rent it to someone else. After that they owe you for all of the rent up to the time you rent it.