Landlord Can't Collect Rent When Tenant Breaks Lease

July 31, 2009

LVT Number: #22093

Landlord sued former tenants for two months' rent plus late fees after tenants moved out before their lease ended. In September 2008, tenants advised landlord that they could no longer afford the rent. Landlord agreed to release them as of October 31. Tenants paid October rent and turned in the keys on October 31. The court ruled against landlord. The lease allowed landlord to keep tenants' security deposit if they broke the lease. But there was no lease clause allowing landlord to collect rent due between Nov. 1 and June 30, 2009, when the lease expired.

Landlord sued former tenants for two months' rent plus late fees after tenants moved out before their lease ended. In September 2008, tenants advised landlord that they could no longer afford the rent. Landlord agreed to release them as of October 31. Tenants paid October rent and turned in the keys on October 31. The court ruled against landlord. The lease allowed landlord to keep tenants' security deposit if they broke the lease. But there was no lease clause allowing landlord to collect rent due between Nov. 1 and June 30, 2009, when the lease expired. Landlord and tenants made a valid agreement to terminate the lease as of Oct. 31, 2008.

Hovorka v. Ingram: NYLJ, 7/14/09, p. 32, col. 1 (Jefferson City Ct; Harberson, J)

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