Sorry to hear about the circumstances all round, Patrick - sounds like an unwelcome situation for everybody.

I think the key point to make here is that you're in a legal situation so will need professional legal advice from which to make a decision on the matter.

Obviously, on the one hand, if the client has a contract to pay you for a full 12 months and this is not going to be honoured by your tenant, then there's a good chance they are in breach of contract and you in a position to claim the outstanding payments from his assets.

However, the fact that the guy is going through a divorce, not to mention is in rented accomodation, means that his actual assets for paying you may indeed be unavailable, leaving with you little point in pursuing action through the courts for payment.

I suspect that your solicitor will not simply advise on that count, but indeed if the specifics are as described, then you may find yourself encouraged to reach a settlement with the tenant where you are able to recover some monies, but not the full amount.

The resolution to this situation really does depend on the actual specifics, so a solicitor should be better placed to provide advice on this.

Hope that helps.

Keep his deposit & last month's rent, I hope you have this but if you have not better do this next time. Just get a form called residential lease agreement for your new tenant. Get to work finding a new tenant ASAP, and sue for any rent money you lose by having it vacant that isn't covered by his deposit. Remember, the bank does not accept excuses for nonpayment/breach of contract (no matter how sad or creative) and neither should you. You are running a business, not a charity! If you need the forms for this. There is a site which contains all type of forms. I think it’s ********************
Hope this helps.

If you have a lease (which I'm sure you must), I'll concur that talking to a legal professional is first. You'll need to enforce the contract.

Your only talking about an extra 2 months, keep the deposit, and for the last month you'll probally just have to take a loss, to go for legal assistance is a huge hassle and with fees, it probally won't even be worth it in the end.

Poor man, but i would say get professional help, advice i mean then take it one step at a time.

I suppose it would depend on where you live in terms of what the landlord/renter's rights are. It would definitely be beneficial to research the rights and responsibilties of your area. And then in the end decide whether it's worth the legal fees to pursue it.

Legally he is liable for the rent for the year. MOrally you have a couple of choices. If he has been a decent guy, maybe you can cut him a break. On the other hand if he's been a jerk, your choice is clear.

I'm curious, What did you end up doing? I'd have just let him out of the lease early and found someone else to rent the place.