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3 year lease

Daniel N

started a topic over 12 years ago

Louisiana. I have a tenant, active duty military, who has arrived from Virginia. Prior to arrival, contacted me regarding my property for rent. Did not have any body in the area to walk through but the description was very clear to include photographs. Tenant secured the property with a $1150.00 deposit, $250.00 non-refundable pet fee and owes prorated rent of $594 with a move-in date of April 13, 2012. Conversations through email, tenant asked for a 3 year lease, agreed to the 3 year lease through an email stating acceptance of lease and terms. Tenant arrived in Louisiana on April 6 and states the home is not big enough to accommodate her furniture. Now wants out of the lease by forfeiting a security deposit of $1500.00 and re-writing the lease for 6 months instead. Thoughts anyone? This is a legally binding agreement, correct? I did offer a settlement of $3,000.00 and walk away, which I thought was completely fair since the dollar amount of a 3 year lease totals over $46,000.00!!!!!! What to do?? Get an attorney?? HELP

1 Comment

Bob R

said over 12 years ago

Long term leases , I believe, is for the benefit of the tenant. It freezes their rent for the term of the lease. Anyhoo, It appears you're willing to negotiate, which is a good thing. In this business, tenants are always breaking lease agreement. Is your agreement legal and binding? Probably is without seeing it. Can you win a judgment? Probably. Can you collect? From experience, probably not. In other words, winning is one thing while collecting is another. How would you collect if the move out of State? Attorneys cost money. The name of the game is cut your losses by trying to work something out so that it’s a win-win for both of you. What to do, you ask. Try to get it re-rented with little to no loss. Consider the following: (1) Re-write the lease for 4 months vs 6 months, or if they already signed a lease, add an addendum stating the new terms and that they requested the change. Reason being, it’s harder to find tenants in Sept and beyond. June – Aug is the best time, I believe. (2) Include in the new terms that they will be responsible for the advertising and qualification costs for finding a new tenant. (3) That they owe you ½ month rent as penalty for breaking the lease. (4) They must keep the unit clean so that it shows well and that they allow you or your rep to show the property. If they do not abide by #4, the Addendum becomes null and void and the lease reverts to the original terms and conditions. (5) If you are not able to find another tenant before they leave, they owe you 1 month additional rent. This should encourage them to allow you to show the place and keep it clean. Two months before the lease expires (or sooner), I would start advertising for new tenants. Leave the security deposit as security deposit for damages, etc. Good Luck