Tenant who Defaults

Question 1

Tenant who defaults (has possession)

Answer 1

L can move to evict through appropriate judicial proceeding
OR
Landlord can choose to continue the relationship with T and sue for the rent owed.

Question 2

Tenant who defaults (has vacated)

Answer 2

S-I-R
SURRENDER
IGNORE
RE-LET

Question 3

Surrender

Answer 3

Tenant has demonstrated, by words or conduct, that he wishes to give up the lease.
If lease exceeds 1 year must put surrender in writing to satisfy the statute of frauds

Question 4

Ignore

Answer 4

hold tenant responsible for the unpaid rent, just as if tenant were still there. This option is available only in a minority of states. In most states, Landlord must attempt to mitigate.

Question 5

Re-let

Answer 5

A mitigation principle; The law says: “Landlord, you don’t have to actually succeed in finding a substitute tenant, but you must demonstrate that you made a reasonable, good faith effort to do so. We need to see that you at least tried to cut your losses.”

Question 6

Self–Help

Answer 6

L must never resort to self help by, for example, changing the locks, forcibly removing T or removing any of T’s possessions. Self-help is flatly outlawed. It is punishable by civil as well as criminal penalties.