Breaking Lease : ezLandlordForms

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Karen S

started a topic about 15 years ago

I have a difficult new tenant that has had the key for a week and did not move in yet. They have complained about minor repairs and a leak in bathroom which I am getting repaired immediately but they threaten to hold rent for one month tills repairs are made. I want to terminate lease and want to know if I can hold part of security deposit for loss of rent and cost to repost home for sale or rent. I refused offer from a buyer because I was already locked into a lease that they signed 3 months ago. Can I hold part of security deposit?

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Denise S

said about 15 years ago

If both parties are in agreement to the termination, you can terminate the lease. As far as retaining the security deposit, I personally do not see the grounds if you are the one that wants them out of the lease.

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Lisa J

said almost 15 years ago

Is your mortgage current or are you waiting for foreclosure proceedings to begin?

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Ron D

said almost 15 years ago

Not an attorney but... until the bank takes the house back and has title you are still the owner of the property regardless if you are behind in your payments. Check your state laws to start the eviction process now.

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Donna

said over 14 years ago

NEVER take it upon yourself to change locks. If you are going through eviction channels and she has not handed the keys over, then you will have to continue to go through the courts in order to evict her. If there is fairly good indication that she has moved, no food in fridge, all belongings moved......you may then start getting the apartment ready for re-renting.

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Dave T

said over 14 years ago

She has moved, she left a few items in the apartment, which we placed in the carport , The fridge is empty but there is still some food in the freezer, She left a bunch of old furniture and garbage in the carport, She called the police and they said this is a civil matter. I feel like she has abandoned the property, What more do I need to do?

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Alice B

said over 14 years ago

Being that you are so close to the end of the lease, I would just let her go. It will cost you much more than what she owes to file for an eviction in money and your time. Of course, if she leaves a bunch of junk, you can take it from her deposit money to pay to have it hauled off. Review the laws and regulations for your state. They are here on this website to download for free.

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Donna

said about 13 years ago

Texas generally requires that the landlord make a good faith attempt to reduce damages by arranging to rent the apartment as quickly as possible to a new tenant. However, the tenant will be responsible for the time the apartment remains vacant during the remainder of the lease term. Also, check your lease for any "break clauses" or a requirement of the landlord to sublease.....these can prevent collecting for the balance of the lease term.

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Tim J

said almost 13 years ago

I would contact the tenants employer for confirmation they lost their job. Then I would work with them to get them out of the property. I don't know the situation but if you think that they have no income then you will not get any more money from them so let them out of the lease and help them to move out. If you force their hand they can sit in the dwelling for months until the sheriffs remove them and you will not get money from them but you will spend money for courts fees and spend time in court. I would pay to get them to leave, hard to believe but its cheaper in the long run. I would tell them I'm sorry for their loss and offer them a deal that benefits us both. I will let them out of the lease explaining how much money this will save them, how it will keep their credit from getting bad which could affect them getting a new job also, I wouldn't have to get a judgement against them further ruining their credit. I would ask that they agree to move out at the soonest date possible, clean the property at move out and I would pay for the rental truck or similar and give them cash for moving expenses {$50?] but ONLY if they meet ALL the terms of the agreement and put it in writing telling them that it protects them as well and forces me to keep my word. Make sure to add that the wash/dryer stay at the unit. Sounds to me like you are being had...they buy their way in then squat on the property and live for free until forcibly evicted. Did you do a background check on them? credit report, job history, bank balances and previous months paychecks?

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Veena S

said almost 13 years ago

I started the eviction procedure. Tenant did not show up so I got the judgement in my favor but he filed the Pauper's Affidavit. I did not contest the case. He did not deposit the rent money in the court as per law. Now Justice of peace move the case to Denton county. Even though I got the judgement in my favor, I still cannot get the writs of possion. It is really sad, how favors the bad tenants in this country. He has no intension of paying the rent, he is living for free. I have a hearing on Dec. 11th. I hired the attorney. So hopefully, if I get the judgement in my favor again, he is not able appeal anymore Can he appeal again?

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Veena S

said almost 13 years ago

I finally got the writs of possession. Constable served 48 hr. notice to the tenant. I want to inspect my property before he leave the property so as per the lease agreement I posted a note on his door that management will come to inspect the property. I have washer and dryer, stove, bed and basket ball set in the house. I am affraid that he might damege the house and would take my stuff with him. In reply to my notice he posted the note on my door thay I cannot come to the property without the court order until his 48 hrs. are over or he would call the police and tell the police that I am harrasing him. I never called him or went on the property. I called the police and asked for their advise. They told me that he can call the police if he feels the threat or feel that he is being harrased. I asked police if they can be with me while I am inspecting the property but they told me that they don't escort. They told me to contact the constable.Constable office is closed. Tenant might damage my property and would leave without telling me. Is there any night court that opens on the weekend so I can get the court order to visit the property?

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Veena S

said almost 13 years ago

I finally got the writs of possession. Constable served 48 hr. notice to the tenant. I want to inspect my property before he leave the property so as per the lease agreement I posted a note on his door that management will come to inspect the property. I have washer and dryer, stove, bed and basket ball set in the house. I am affraid that he might damege the house and would take my stuff with him. In reply to my notice he posted the note on my door thay I cannot come to the property without the court order until his 48 hrs. are over or he would call the police and tell the police that I am harrasing him. I never called him or went on the property. I called the police and asked for their advise. They told me that he can call the police if he feels the threat or feel that he is being harrased. I asked police if they can be with me while I am inspecting the property but they told me that they don't escort. They told me to contact the constable.Constable office is closed. Tenant might damage my property and would leave without telling me. Is there any night court that opens on the weekend so I can get the court order to visit the property?

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Veena S

said almost 13 years ago

I finally got the writs of possession. Constable served 48 hr. notice to the tenant. I want to inspect my property before he leave the property so as per the lease agreement I posted a note on his door that management will come to inspect the property. I have washer and dryer, stove, bed and basket ball set in the house. I am affraid that he might damege the house and would take my stuff with him. In reply to my notice he posted the note on my door thay I cannot come to the property without the court order until his 48 hrs. are over or he would call the police and tell the police that I am harrasing him. I never called him or went on the property. I called the police and asked for their advise. They told me that he can call the police if he feels the threat or feel that he is being harrased. I asked police if they can be with me while I am inspecting the property but they told me that they don't escort. They told me to contact the constable.Constable office is closed. Tenant might damage my property and would leave without telling me. Is there any night court that opens on the weekend so I can get the court order to visit the property?

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Karen S

said about 12 years ago

What does your lease state with regards to ending a lease? I do not rent in Iowa, but I would do a little searching on the web. You may be able to find some useful info, or maybe someone here also rents in Iowa and can comment. Good Luck.

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Jennifer G

said about 11 years ago

I am not sure about charges but I do not return security deposits for tenants who break their lease as the contract has been broken. Also, I can sue for the remainder of the lease until it is rerented. Hopefully this helps.