回复:求教:租我小餐馆的人这个月停止营业,搬走了,没交租金,口头給我打了个招呼。

The contract terms should address the landlord’s rights and remedies in the event of default by the tenant.  In general, if the tenant has turned in the keys it’s likely the tenant will be considered to have abandoned the property and the landlord should have the right to take possession (change the locks) at the property.  It’s often a good idea to confirm what happened and what you plan to do about it in a letter to the tenant, including the tenant’s default  on the lease and the landlord’s possible claim for damages resulting from the tenant’s breach.  The landlord generally has an obligation to “mitigate” its damages, meaning the landlord has to use best efforts to re-rent the property rather than sue for rent to become due for the entire remaining lease term.  However, it may take some time to re-rent the property to new, qualified tenant, and the landlord presumably has a claim for some damages.  The terms of the lease and any applicable state statutes may address these issues in more detail

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Thanks a lot!! -fei_hu- 给 fei_hu 发送悄悄话 (0 bytes) () 10/05/2013 postreply 07:43:38

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