breaking of lease : ezLandlordForms

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Gail M

started a topic over 15 years ago

we have a tenant that has only been in our mobile home for two months. She couldn't afford the down payment of 600.00 plus first month rent so we worked with her and wrote an addenum so that she could pay 50.00 a month with her regular rent of 252.00 to us and her 348.00 to the trailer park. She couldn't afford to start paying the deposit until her second month (which was July) and agreed to pay 50.00 a month until Feb 1, 2010. (She gave us 200.00 up front). When we went over today, Aug. 4th to fix a fan that had stopped working (we replaced it with a new one), she informed me when we were leaving that she was planning on moving out in the next two weeks. Can I keep the deposit amount she gave us, plus sue her for the rest of the deposit and the rest of the years lease? I just found out she plans on leaving in the next two day. She did not give the 30 days noticed required. What are my option for all of this?

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Denise S

said over 15 years ago

Many things affect this. First.....generally the security or damage deposit is used for damages to the rental unit plus any unpaid financial obligations. Unless these things outweight the deposit you have on hand, you cannot sue for the balance of the deposit. However, if she signed a lease and has moved out without notice, you then may sue her for at least the current month if unpaid and up to thirty days afterwards. Some states will permit you to ask for the balance of the lease - if you have one. This is referred to as acceleraation. For instance if there is still 4 months left on the lease, you could technically sue for those 4 months or for as many months until another tenant moves in. BUT if this is the case most states require the landlord to mitigate damages. This means that the landlord must make every effort to secure another tenant immediately.

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Deborah K

said over 15 years ago

Ok my tenants signed a year lease in Feb 1st 2009 and without notice they just moved out Aug 1 2009 and trashed the house did damage to walls, stolled items in house carpet, cement steps we found out by going over to the house to see why rent was not paid and found the house empty and trash every were and damage and stolen items. what should I do?

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Bill G

said over 15 years ago

First off, document all charges and costs to ready the rental to re-rent. Take pictures, if you haven't already. Keep all receipts. Did you get a deposit from the tenant? Bill Gray www.thelandlorddoctor.com

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Deborah K

said over 15 years ago

I also have basic insurance on the house and the deposit is $800.00 but the damage to the bath tub wall area is a big hole the tile is old so we are just going to put a tub/wall liner in. they stolled carpet and cement steps ans the both screen doors are damage bad and the front door jam is all busted up. I am waiting for the police report so I can show the insurance company, I tool all kinds of pictures.

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Bill G

said over 15 years ago

If your rental is in Michigan you must notify the tenant within 30 days of what you intend to do with his deposit. Here is a link to that portion of the statute: http://legislature.mi.gov/doc.aspx?mcl-554-609at covers notification: Once you have everthing repaird and replaced, you can put the debt on the previous tenants credit reports. Bill Gray www.thelandlorddoctor.com

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Julie D

said over 15 years ago

I live in the state of Texas in a trailer home. My lease is not up until April of 2010. A friend told me I could pay 2 months rent and get out of my lease. Will I also get my deposit back? Does anyone here know about Texas leases on trailer homes?

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Jess S

said almost 13 years ago

Marla, I have used this doc before, which has worked... http://www.ezlandlordforms.com/documents/76/notice_to_report_delinquent_payments/

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Joseph G

said almost 13 years ago

You may want to hire an attorney or bill collector that will prob get around 50% of the total collection but, better than nothing. Source: http://rentalleaseagreement.com

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Bob R

said almost 13 years ago

Do what you have to do to get the place rented again. Your other option for collecting damages would be to take them to small claims court, depending on the max allowed to recover loses. CA allows $10,000. Or, just consider the loss as part of doing business. Remember, you may win your claim, but it's up to you to collect. The 30 day notice (in this case) has nothing to do with your lease until the lease expires.