What can LL recover If LL finds a replacement Tenant but at a lower rent T1 is

What can ll recover if ll finds a replacement tenant

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What can LL recover? If LL finds a replacement Tenant but at a lower rent, T1 is liable for the difference between the rent T1 is also liable for all of the reasonable expenses incurred by LL is attempting to re-let premise. LL is obligated to treat the abandoned unit the same as other units Security Deposits Most states have enacted a statutory regulation of residential security deposits Retaliatory Eviction Historically, LL had the right to evict T for any reason or no reason at all Modern Law, LL may not evict T for any discriminatory reason or in retaliation for certain acts. EX: Hillview Associates v. Bloomquest Under Iowa law, LL cannot evict: In retaliation to a tenants complaints to a governmental agency regarding a violation or health/safety code
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Tenant's complaints to LL or LL's agent regarding health and safety issues or Tenants forming or becoming a member of a tenant association Most states have enacted a statute/s that prohibit retaliatory eviction Inconsistencies whether they apply to : Term of years leases Commercial/residential leases Increases in rent/decreases in services Good Cause Eviction: Not generally recognized in most states unless state has a specific statute Ex: AIMCO properties Must have a "good cause" to evict a tenant Self Help Eviction- Then and Now Historically, LL could use either method to evict a tenant: Self- Help: Upon T's default, LL could retake possession by "self-help" without a court action Ex: changing the lock to prevent T from entering, removing T so long as force is reasonable, excessive force not used
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Judicial Action: Upon T's default, LL could bring suit against T to obtain a judgment ordering T to vacate Modern Law- Self help is generally prohibited, LL's only option is judicial
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