Full Rental Period : ezLandlordForms

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Lindsay B

started a topic almost 12 years ago

Hello! I would love some advice on the following situation. We have tenants who moved out of our rental property after she was "transferred" (really they broke up and she moved to get away from the situation according to the neighbors who are our good friends). Anyway we have a civilian transfer clause in our lease which states that they may terminate this Lease upon giving at least one full rental month's written notice to the other party, which notice shall have attached a bona fide statement from the party's employer certifying that the employer has ordered relocation. (full clause is below) My question is - if she emailed us on 11/29 stating that she was relocating and referred to the clause in the lease and we then told her we needed the letter from her employer to make it official as stated in the clause which she didn't provide till the 3rd of the month,(wasn't signed and haven't been able to connect with the transferring manager) - does the full rental period then become January since we didn't get the letter until the 12/3? Would holding them to January rent be legally right based on the "full months rental period"? Any advice you could give me would be great! In the event the Landlord or Tenant is subject to transfer by his or her employer, and hereafter receives transfer orders to relocate his or her regular place of employment and report to a location that is at least 50 miles from the rented Premises, and such job transfer is for a duration in excess of three (3) months, then the transferred party may terminate this Lease upon giving at least one full rental month's written notice to the other party, which notice shall have attached a bona fide statement from the party's employer certifying that the employer has ordered relocation. Neither any voluntary change to a new employer nor a temporary reassignment of less than three months duration shall constitute a basis for termination of this Lease

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Karen S

said almost 12 years ago

Lindsay, an email is not official notice, but it was her intentions to inform you. Which seems like a responsible tenant. I would think it could take a bit of time to get a formal notice to the landlord. I think those 4 days is really splitting hairs.

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Lindsay B

said almost 12 years ago

The thing is that they left the property damaged in several places including the hardwood floors, kicked in a door, garbage everywhere, etc. That's why we are trying to recoup some money. They also lied several times about the relocation and were caught. If they had been responsible and honest - I wouldn't even be considering it. Does that make sense?

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Bob R

said almost 12 years ago

I agree with Karen about splitting hairs only if she within 5 days gave you proper Notice as stated in contract……. However, if she did not give proper Notice, technically, she is still responsible until the end of the contract. When new employment is reason for moving, there is no reason you could not have received a letter from both employers stating her situation within 5 days. Most employers do this. She also could have given you the phone # for the new employer so you could verify her statement. The letter from employers should be signed and on their official letter head…..If she moves out anyway, you need to rent the place as soon as possible. Take her to court and try to collect any damages and rent due until a new tenant moved in. . -----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 Fed/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. Free Trial Download with data.