rent contract
2 people sign a rental contract for an apartment after move in date one party decides not to honor the agreement or to reimburse the other the funds that they laid out for the 1st month rent & security and never moves in. Is the other legally entiled to half the rent for the lenght of that agreement?
Re: rent contract
There was an agreement to equally divide the rent. Since one individual failed to pay the rent, there is a breach of the agreement. For any breach of contract there is a duty to mitigate damages. That means, the person remaining in the apartment must attempt to find a replacement tenant. Damages for a breach would be any costs associated with finding a replacement tenant, the difference in rent between the original and replacement tenant, and the unpaid rent during that period of time when you were looking for the replacement tenant.
Mike.
Michael Markowitz
Michael A. Markowitz, PC
1553 Broadway
Hewlett, NY 11557