Tenant fails to move-in after signing lease : ezLandlordForms

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Tina S

started a topic over 11 years ago

We have a tenant who signed a 12 month lease and at the last minute tenant decided to not move into the home. The tenant is claiming that they are not moving into the home because of a safety issue (basement door had been removed by prior tenant and this tenant wanted door put back on). Landlord did have door put back on the evening before the tenant would have moved into the home. They are now claiming deck and swingset is not safe. This again was something that the landlord said they would take care of for them. (The deck actually needs to be stained and a couple of nails that popped, need to be fixed). What recourse does the landlord have in this situation? The landlord had a second applicant that they now lost due to accepting this tenants application etc. Is the tenant responsible for the entire 12 months? The landlord is offering to work with the tenant by keeping the deposit, and by having the tenant pay for the lease up until the day a new tenant can move in. Can someone please let me know if this seems reasonable? What would most landlords do at this point? Thank you in advance..

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Bob R

said over 11 years ago

I’m going to assume that new tenants inspected the property before signing the lease and did not inquiring about the missing door, deck and swing set. If there wasn’t an understanding that these were going to be taken care of prior to signing the lease, I don’t believe the tenants can do anything about their complaint, as long that it doesn’t violate any laws or can be considered as dangerous. I personally would remove the swing set due to liability. You’re not required to stain the deck. Replacing the door and fixing the nail problem on deck was a good choice. It appears to me that they may have decided to move to another property and are now trying to get out of the lease…….If they signed the lease, they more than likely are responsible for the rent until a new tenant has moved in. This doesn’t mean you can sit back and wait a few months before you start advertising. You may also be able to charge them all expenses in looking for a new tenant + a penalty….. You don’t need a special form to send tenant that’s breaking a lease. All you need to do is send them a letter reminding them that if they break the lease, they are liable for specific expenses + a penalty…..That’s why it’s very important to have a clause or an addendum in the agreement stating exactly what they would be responsible for if they default on the agreement….Things you may want to include would be...rent until new tenant is located…all expenses to find a new tenant….1/2 months rent as penalty. -----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. BTW...check out the Rental Property Organizer at Simp-List.com.

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Tina S

said over 11 years ago

*I would also like to know if there is a form that can be used to send to the tenant when the tenant breaks a lease?