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barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 37798
Experience:  Attorney over 16 years, landlord 26 years
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In west, if a tenant has a 1 year lease, but is not paying

Customer Question

In west virginia, if a tenant has a 1 year lease, but is not paying rent, can the landlord collect the rent on the month's that are left on the lease if the tenant is evicted
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.


If the landlord evicts the tenant for breaching the lease, the tenant is still liable for any rent until the landlord re-rents the property. The landlord must try to mitigate his damages by attempting to re-rent the property as soon as possible but can hold the tenant liable for any lost rent until they do so.


So if a landlord evicts and then cleans up and advertises the property for rent and is able to rent it 2 months later, then if the remainder of the lease was 6 months, the landlord can sue the tenant for that 2 months rent.


The law seeks to put the nonbreaching party in the same position they would have been in but for the breach.