

While this would be ideal, it often doesn’t happen this way - especially if it isn’t stipulated in the lease. However, once a tenant is in default of the lease agreement for non-payment of rent, most landlords would prefer to collect the balance of the rent and other charges owned under the lease for the remainder of the lease immediately. Absent any provision to the contrary, a landlord is entitled to collect base rent and any additional amounts that accrue under the lease as those amounts come due. How the landlord is entitled to collect monetary damages is dictated in large part by the terms set forth in the lease agreement. Under this scenario, the first question is equally as obvious - how does the landlord get paid the amounts that have accrued, including base rent, as well as any payments for operating expenses, taxes or similar charges due under the lease?

Most lease defaults occur when the landlord stops making rent payments to the landlord. The most basic damages a landlord may incur when a tenant defaults on a lease are fairly obvious. Remedy No.5 listed above is usually the remedy of choice for landlords who wish to re-let the rental premises, as it allows the landlord to re-let the premises to a new tenant while pursuing monetary damages from the tenant in default. This remedy, unlike other, terminates the lease between the landlord and the tenant.

