[zmacllc]

My tenant signed a one year lease through July 2012. She'd been late in her rent payment several times and in January I informed her that she would be in breach if she was late again. On Feb 6th she sends me an email stating that she wants to return the keys to the property. I replied and asked her what she was referring to because we never discussed her moving out early (verbally or in writing). She didn't reply to my email. For the next two days I called and texted her several times. She finally responds via text on Feb 9th stating that she was in the hospital and would mail the keys soon. I received the keys (some of them missing) on February 16th. My question is this: I know I can charge her for Feb's rent due to breach of lease. Can I legally require her to pay for March's rent since she never gave me 30 days notice, and since I didn't receive the keys until mid-February? She never notified me she was moving prior to this time and the lease requires thirty (30) days written notice prior to the rent due date.

[zmacllc]

As a follow-up to my question, her rent is $1200 but she paid $1000 deposit and left the unit in decent shape. Per the lease, the deposit is "to be held as collateral security and applied on any rent and/or unpaid utility bill that may remain due and owing at the expiration of this agreement." I have 45 days per the lease to return the deposit.

[ScottGem]

Within 45 days you send her a notice of unpaid rental (to the end of March) and any damages to the property. Deduct the deposit from this amount and inform her that she is responsible for any balance. Further inform her that, since her lease doesn't expire until July 2012, she will be responsible for the rent until then unless you are able to find a tenant before that date.

Finally inform her that you will contact her when the apartment is rented or the lease expires as to the balance she owes.

From there its up to you whether you want to file suit for what she will owe or not. Remember that she obviously doesn't have much money, so even though you are likely to win a suit, it may be difficult to collect.

[ballengerb1]

You can bill/charge her for every month until your rent to another tenant or until July 2012. However, you would likely have to sue her in court to get a judgement which could also be worth less than you hope.

[Fr_Chuck]

She is due to pay rent till you find a new renter. She is due to pay for any damages.