Chosen by Asker

Yes you can, as long as you try to mitigate your damages by proving you tried to find another tenant.

by Ryan M

4 weeks ago

Asker's Rating: 

Yes, you can sue in small claims. Did you get a deposit? Usually, if you get the deposit and the tenant signs a lease but never takes possession, they lose the deposit.

by My Take on It- 4 weeks ago

It is not clear from your narrative if they are still saying they intend to move in or how long this has been going on. For instance, if they were to move in September 1st, they paid September rent and security deposit. In September they didn't move in. In October they didn't move in and didn't pay rent? If they are now behind on the rent owing you can send them a 3 day notice to pay or quit, and eviction is pretty easy since they never moved in. You did collect first month's rent and security deposit right? Keep it, and rent it out right away.

by CAtransplant- 4 weeks ago

Not a cut-and-dried case actually. Under common law, a lease does not take full force and effect until the tenant takes possession. If state law is silent on the matter, and many are, then the principals of common law will apply. Under common law if a prospective tenant fails to take possession by the beginning of the lease the lease becomes null and void. HOWEVER, any deposit that the tenant paid in advance is forfeit as liquidated damages. For that reason many landlords require a deposit or binder on the lease at the time that it's signed. Although I was a landlord for many years, I've never been one in MO and could not tell you what MO law states. I do know that in TX where I was a landlord that my only recourse was to retain the deposit as liquidated damages and I did so on several occasions. And having broken a lease before possession in OK and seeing the suit thrown out of small claims court it would appear that OK law is similar to TX law, or at least the city ordinances in Tulsa are that way. I was fine with losing the deposit, that was only fair, but the judge rejected the lease as being null and void since I had not taken possession so the landlord got $0, not even his filing fee. Even if MO gives you a right of recovery, you'll generally be limited to two months rent OR rent until you find a new tenant, whichever comes first. Two friends broke leases in Joplin, MO and the most that the landlord could recover was 2 months rent. As in all things with the law, consult with a local attorney for advice specific to YOUR situation.

by Bostonian In MO- 4 weeks ago

I guess you could but I don't know how successful you would be. It would probably just end up costing you more money. I would just keep any down payment or security deposit money they paid and move on. That's about all you can do.

by Shaun M- 4 weeks ago

So far, you haven't given enough information. If she is paying you rent for that month...it doesn't matter if she moved in or not. It's not required. No court will allow you to collect for the entire lease....I can save you the trouble of suing for that right now...however, if she has not paid you rent in 30 days from the start of the lease AND has not paid you rent...you can send her a certified letter telling her that she has abandoned the property and you are holding her liable for the rent for that month (a court will probably allow you one or two months rent as damages, but you CANNOT double -dip)....but you'll be finding another tenant. If she has not moved in after 30 days, you do not have to go through the evicion process. PS: You can collect for your ACTUAL losses...you CANNOT come out "ahead" ..the courts won't allow for that. Let's say the deposit was $500 and the rent was $500 and lets say after two months of lost rent you found a tenant...a court WILL NOT ALLOW YOU TO KEEP $1500...you can keep $1,000 for the two months of lost rent, but you cannot automatically keep the deposit as well. This is where landlords end up screwing up...and in most states, if you keep a DEPOSIT illegally, a tenant can sue you for 3x the deposit amount.

by Expert Realtor- 3 weeks ago