[carlos64ss]

We have a tenant that by a written lease agreement has a 12 month obligation on a house we are renting him. Just after being in possession for only 7 months, decided to text us and informed us that he was moving in 4 weeks. We have tried to call but will not answer his phone.

Can we sue him for the balance amount of the Lease Agreement which will be less than Tulsa County Small Claims requirements of $6,000 dollars.

[LisaB4657]

You can't sue in advance for rent that hasn't yet become due.

What you need to do is make a "good faith effort" to re-rent the property to someone else. If you are able to re-rent it before the term of the first tenant's lease expires then you can sue the first tenant for the rent for the time between the last payment you received and the first payment you receive from the new tenant.

If you aren't able to get a new tenant during the last 4 months of the first tenant's term then you can sue that person for the entire balance of the lease.

Even though the tenant is moving out early you still have to follow OK law concerning the security deposit! This is very important.

[ballengerb1]

In OK, once the rent is past due then "the landlord may bring an action for recovery of the rent at any time thereafter"

[ScottGem]

In OK, once the rent is past due then "the landlord may bring an action for recovery of the rent at any time thereafter"

But they can't sue for rent not due. Which means the OP should wait until they either find a new tenant or the lease expires.

[ballengerb1]

"once the rent is past due " right, that's why I said once its past due you can sue. Said nothing about future past due rent.

[ScottGem]

"once the rent is past due " right, thats why I said once its past due you can sue. Said nothing about future past due rent.

But you are missing Lisa's point. So lets say he is paid through July and leaves at the end of July. So the OP sues for the August rent. Then they have to file suit again in Sep and again in Oct, etc. If they wait until they either find a new tenant or the lease expires they can then file one suit for the whole.

As far as the security deposit is concerned, the landlord can withhold the rent due against deposit as ling as they document that in a notice to the former tenant.

[AK lawyer]

But you are missing Lisa's point. ... If they wait until they either find a new tenant or the lease expires they can then file one suit for the whole.
...

Is that something particular about Okalahoma law?

I think an argument can be made, and depending on the wording of the lease, that it's yearly rent payable in installments. If they breached the lease, the entire amount becomes due.

[LisaB4657]

Is that something particular about Okalahoma law?

I think an argument can be made, and depending on the wording of the lease, that it's yearly rent payable in installments. If they breached the lease, the entire amount becomes due.

You can make that argument but it won't work unless the lease contains a clause that all installments become due and payable upon default by the tenant.

[ScottGem]

Almost all states have a provision that a landlord must make a good faith effort to mitigate their loss by trying to find a replacement tenant. So how can a court award a landlord future rents?