State Specific Question About: MISSOURI (MO)

I have a tenant breaking the lease. It does not end until January 31, 2009. However they gave me a 30 day notice to be out on September 1st, 2008. I know I can sue them for the remainder of the lease. However do I start the legal proceedings now or after they move out of the house?

No, you can't sue them for the remainder of the lease. And you can't begin a suit now nor right after they move out. How do you know what your damages are?

You need to be very familiar with the law if you are going to try to do this yourself. Otherwise, you need an attorney.

You are responsible to do everything you can to mitigate the damages, meaning you try to get it rented again right away. Post on Craigslist right away, if your city is covered by their listings. Secure the cooperation of the tenant - place kept neat, easy arrangements for you to show it to prospective tenant, etc. Most will help all they can, so you can find another tenant right away and they are off the hook.

When you have the place rerented, then you assess your damages - lost rent, maybe ad costs, maybe utility costs.

If you end up in court, be prepared to document your attempts to rent the place if it took very long. Generally a vacancy on Sept 1 is much easier to rent than one in the middle of the winter.