Ending Lease Early : ezLandlordForms

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Patricia S

started a topic over 10 years ago

I have tenants who have been in my home since July 20th, 2012. In July of 2013 we drew up a new lease for the next year. They decided on May 14th that they wanted to give a 30 day notice and move out by June 15th due to finding another place. I told them I would grant them this, sent them a Mutual Termination of Lease to which I signed but never received a copy back, Move Out Guideline sheet, and a Notice to show property. Now they have said that they didnt get approved for the new place...and are now looking for a new place. Questions: 1. They have pro-rated the June rent themselves (changed their allotment) Can they do this since I agreed to end the lease early? 2. They never finished paying their pet fee from the first lease and have had like 5 animals since then, currently 3, and asked if they still owe $68 on the pet fee. I thought when I did the new lease that there was another pet fee for the new year since it was a new lease? Can I take the remaining pet fee out of the Security Deposit? 3. The carpet is separated at the seams like 2 in going into every room, was new carpet 6 months prior to them moving in, there is a round hole in the middle of the living room floor carpet about 1ft x 1ft in diameter that "they" say is normal wear and tear. They called me around Apr and told me about the carpet, sent my carpet guy out, he says it is not normal wear and tear, but passed away before I could get him to email me an estimate in regards to this so I have never acted on it. When I do a move out inspection, can these kinds of things be taken out of the SD if I have contractors come in and do estimates? 6. What all can I deduct from the SD? The hall closet door is hanging down where it looks like the trim has separated from the wall. (They dont know what happened) but looks like someone hung from it. The toilet paper roll is ripped out the wall, (dont know what happen just fell off), They tried patching the wall themselves where they screwed a dog gate in between a walk through and it looks horrible. 7. If they dont sign and return the mutual termination lease, can i still honor it and start looking for new tenants/sell the house? or do i have to wait? I dont have the funds to pay for the mortgage/hence the reason for leasing the house out, but I either want to sell the house or something. If someone could please give me some info in regards to these questions i would be grateful. I live in NC. Thanks

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David C

said over 10 years ago

It seems like a pretty bad situation. You should move forward with cleaning up, repairing and finding new tenants. You can deduct the money for the repairs and the unpaid fee.

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Daryl J

said over 10 years ago

You will have a set time period, based on the law of the State where the house is located, to provide the tenant with a list of the damages to the property and the estimated cost of the repairs. You must provide the list of damages or refund the deposit. It is upto you to determine the damages to the property. The tenant will have the ability to agree or disagree with you and the option to request or take legal action for the return of the deposit. You should take pictures and keep them with the estimate of the cost.

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Supertech K

said over 10 years ago

Dear Sir/Madam, My property is in Alexandria, VA. I gave my tenant a 45-days-Lease Termination Notice (more than the required 30-days) on May 1, 2014. I also send him "Breach of Lease" Notice on May 17, for serious violations of Lease, which is already a ground for immediate eviction. Today is May 21 and my tenant does not bulge. He has no indication of moving out as he hasn't started to look for other houses, nor he is packing. I need him to be out before June 15th, as I live in another state, I bought tickets for the red eye flight so I can be there on 6/15 @ noon for the Final House Inspection per My Termination Notice. I have to start necessary repairs immediately, so I can sell my house fast in the high season of July. I am worried that my tenant is not going to move out by June 15th. I was told that because I gave a 30 days notice on May 1 - the lease ends on May 31, and if the lease ends on that day, then if he does not leave it is a holdover tenancy (regardless of my June 15th date on the Termination notice). Notices do not terminate leases? Is this the case? My Lease provides for double daily rent for each day Tenant does not move out. So, in the worst-case-scenario where it is June 15th and he is still there, and I give him 5-day-notice to pay or quit --- do I still need to go through court at that point? Is it more advisable to get Sheriff's notice and how to get one, please? I also red that "immediate possession" is way faster than "eviction". I am just trying to simplify and speed up the whole process in a cost effective manner. Based on my situation what is the best way to pursue and what's the procedure, please? Thank you for your propmt explanation! Sincerely, YS. You cannot terminate the lease on June 15 unless the lease expires then. read that "immediate possession" is much quicker than "eviction" on your site. Could you please explain as to what are my best options are and the procedure for the "immediate possession", please? I would be happy to send you my Lease and Notices. Thank you so much for your prompt help. Best regards, YS.

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Daryl J

said over 10 years ago

Lets try to keep this short and to the point. Here are the facts as I understand them from your post. The tenant notified you, orally, that they wanted to terminate the lease early on May 14th. As of today the tenant has not executed the mutual termination of the lease you signed. There is evidence that the tenant is in violation of the terms of the lease by smoking in the property. The tenant has not paid a required annual fee for a pet that you did not demand at the signing of the new lease. If these are the facts I do not see how you can execute the hold over terms in the lease as the tenant has not officially terminated the lease. Until the tenant provides a signed copy of the termination or actually moves out the lease is enforceable as written for the original term. You may still take action regarding the violation of the smoking term of the lease and file for eviction. You may be able to have them out of the house by your deadline but not very likely. I am in DC and always looking for new investments. How much are you looking to get for the house? You do not have to wait for the tenant to move out to sell it to someone who does not want to live in the house.

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Patricia S

said over 10 years ago

Hi Daryl in DC, you can email me personally at [email protected] and I will give you more information in regards to the property. Thanks