My tenant is breaking a one-year lease, moving out in mid-month (the 15th) five months early. She referred a friend who will be the new tenant taking possession on the first of the coming month following her departure on the 15th. She thinks she needs to pay only one-half month rent on the first of the month (from 1st through 15th).

During the interim two weeks (16th through 30th), I would like to clean and ready the unit for next tenant.

I take the position she owes the full month as the decision to break the lease is hers. Is this incorrect? Should I advise her the full month rent is due?

The information would be very helpful and appreciated. Thanks very much for any information provided.

It's going to depend, to some extent on the language of the lease. But in general if, as in this situation, the landlord isn't losing any rent, your friend would be right: she doesn't have to pay from the 1st through the 15th, as the new tenant will be paying that.

Is the original lease being terminated or is this a situation of sublet where the lease will go to term because of the new renter? What language is in the original lease for early termination ?

She is responsible for the rental until the end of the lease. However, you can't double dip. So as soon as you accept a new tenant and they start paying rent, her obligation is ended. You did not have to accept her reference for a new tenant, but you do have to make a good faith effort to replace her.

Have you offered a new lease to the new tenant? Has it been signed? Did you do a background check on the new tenant?

If she refuses to pay until the new tenant takes possession, then you can take it out of her security deposit, or file suit for the money.