what should i do next?? : ezLandlordForms

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Darrell G

started a topic almost 12 years ago

I am a private first time landlord. I relocated for a job opportunity a couple hours away and rented out my house in December. Was a 1 year lease which i obtained from this site. My tenant let me know she had hardship and asked about early term of lease. I informed her that i would try to advertise property and their would be fee. their was no early term clause in lease. I tried to serve her with mutual term of lease agreement from this site, i asked for month and a half rent.(keeping her security deposit plus 600.00 more. but she still was responsible for june rent Now she has made it clear to me through email that she was going to vacate my house without signing agreement A week earlier than on agreement and hasnt paid rent for this month past due on the 5th.. What can I do now???

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Bob R

said almost 12 years ago

I feel your asking 1.5 months rent, sec.dpst + $600 is ridicules. If I was in her shoes, I would just walk away and let you find me. Tenant ran into hard times and had the decency to notify of her situation and you want to bury her. She appears to be a reasonable person and I’m sure that if you weren’t so greedy, you could have worked out a win-win situation. On situations as yours, your contract should have clearly stated something to the following – ½ months rent as penalty for breaking contract, all expenses in finding a new tenant to include but not limited to advertising, credit check, etc. If you hire an agency to find you a tenant (1x deal) she would pay that expense. She would also be responsible for rent until you found a replacement. Bite the bullet. Give her a call. Be sympathetic. And try to work out something that works for both of you. Remember, you’re on the losing end. -----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.

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Darrell G

said almost 12 years ago

Well the I have been trying to rent property. she has sort of been hindering the process and right now market is pretty slow for rentals. I even offered a 200.00 special for first month rent. (1.5 month) isnt really redicules if you anticipate sitting on property for a month or 2. ill also need utilities turned on so my fridge dont defrost... So i respectfully disagree that im ripping the lady off!!!! Most have it in lease 2 month for early term. So the word greedy isnt really good here. Bob repectfully when you are forced to charge a certain fee for tenant to move out, if you do not have a renter already in place is very difficult to determine loss!!! agreed?????????????

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Bob R

said almost 12 years ago

"Well the I have been trying to rent property. she has sort of been hindering the process and right now market is pretty slow for rentals." ----- How has she hindered the process?....... "I even offered a 200.00 special for first month rent." - What is the monthly rent?......."(1.5 month) isnt really redicules if you anticipate sitting on property for a month or 2." - I stand my position. Your statement suggests that you are operating on a month-to-month basis. You should have at least a 3 month reserve for vacancies. Don’t punish the tenant for poor business practices. Anyone that thinks that a lease is solid gold and no one is going to break it, only needs to read the many stories posted here. The bottom line here is that you would be in the same position (and probably worse – no rent) if she had died. This is why it is important that your contract covers as many situations as possible for those that need to shorten the lease period. And just because you have covered all bases, there is still no guarantee that you will come out ahead. Just because you win a judgement against a tenant, doesn’t mean you will collect….. As for the 2 months rent for early termination+ $600 – I don’t think the courts would look at it kindly…..refrigerator – turn it off, clean it and leave the door open. There is no need to keep it running if property is vacant….My suggestion – meet with the tenant. Discuss both of your situations. Let tenant know that she is bound by the agreement, but you’re willing to release her and hope she will co-operate. Ask her to keep the place clean at all times so that it shows well. She shown also be willing to allow the unit be shown at all times. Explain that she will be responsible for cost of finding a new tenant. Depending on her situation, suggest a ½ months rent as penalty for breaking the lease. The idea here is to keep her in the unit until you can find a replacement. Make sure all is in writing and both parties sign it.