A tenant enters into a 24 month non residential office lease, pays for months 1 though 5 and unilaterally indicates to move out in early month 7. The tenants move out at approximately 7.5 months. Assume:
- there is no provision in the lease for early termination
- the landlord does not agree to early termination
- there is no material breach of the contract other than tenant non payment
- the tenant has prepaid the last month's rent
- the tenant has a prepaid security deposit in the amount of 2 months rent
- the tenant returns the rental in perfect condition
The tenant has effectively prepaid for 3 months of rent. In the absence of a provision for termination in the lease: Why should the landlord have cause to collect (keep the deposit):
for month 6 and 7?
for any months subsequent to month 7?
if yes to subsequent, how many months? Months 8, 9, ... until new tenant is found?
By moving out early without landlord agreement, did the tenant abandon month 24 and its corresponding payment?