A landlord cannot sue for any rent accruing after he “terminates” a lease, even if the termination occurs because of the tenant's default.
The Solution
Rather than terminating the entire lease, terminate only the tenant's “right to possession.” This allows recovery of unpaid back rent, rent during vacancy, and other damages.
Key Takeaway
Be careful with your choice of words. Seek legal guidance to determine whether preserving the lease or terminating it serves your interests best.