Tenant has given less than 30 days notice and only 1 year into a 2 year lease : ezLandlordForms

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Tenant has given less than 30 days notice and only 1 year into a 2 year lease

David C

started a topic over 12 years ago

My tenant gave me notice today on 8/9/2012 with his late rent payment that he will be vacating the property on 8/31/2012. He wanted a 2 year lease when we signed it on 8/13/2011. He claims he has lost his job and will be unable to meet his obligation of rent. This is funny because he was asking me 2 months ago how I would react if in October of 2012 his company lost a government contract and he would be unemployed by April 2013 when that government contract would end; if I would let him out of the lease early. I said most likely as it would just be 3 months early and he would have give me more than 30 days notice. Here I am 2 months later he is mysteriously unemployed ,and has given me less that 30 days notice. My question is this can I subtract from the security deposit any loss of rents. In other words if he vacates on 8/31/2012 but I don't get the property rented until 9/15/2012 can I charge him the 2 weeks in lost rent? Or if it takes even longer can I charge him for all lost rents? Also, can I charge him for having to clean the propery as well? For Example, Getting the carpets steam cleaned or having a cleaning service come in.

1 Comment

Bob R

said over 12 years ago

Be happy that he gave you Notice vs not paying rent for months and saving you the trouble of doing an eviction. It’s not unusual for employers to tell you one thing and close their doors the next day….Have a talk with tenant and let him know that he’s still responsible for the rent until you find a new tenant. Ask for his co-operation with showing the unit as needed and keeping the place as clean as possible. He may also be responsible for the cost of finding a new tenant. To rent it quickly, you may want to hire an agency to just find a tenant. Here in CA they charge ½ months rent. The cost to me is worth it since they usually find someone in less than 30 days. You may also want to let him know that you’re willing to work out some type of payment plan and put it in writing. Better getting the $$$$ in time vs never seeing it and avoiding the court system…..And yes, you can deduct from sec.dpst for unpaid rent/damages/cleaning. Good luck. Keep us updated. ---- Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance.