Breaks lease by word of mouth? Can I kick her out? : ezLandlordForms

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Breaks lease by word of mouth? Can I kick her out?

Krystel J

started a topic over 14 years ago

At the beginning of Dec 2009, my tenant left a voicemail saying she is moving out at the end of the month, breaking her lease. At the beginning of Jan 2010 she stated she wanted to use her security deposit for Jan rent and she will move out at the end of Jan. We have written several letters and left several voicemails to have her write her final decision and move out date. She refuses to do so. I have people interested in renting the condo. If she does not move out by Jan 31, can I change the locks? Do I have to accept rent for that month if she chooses not to break the lease anymore? I rather rent to someone else. Her yr is not over until April.

1 Comment

Stan M

said over 14 years ago

My position ...never use sec.deposit for rent! If she has not given you a written notice, she has the right to remain on the property. Yes, you can change the locks, BUT you have to give her a set of keys. In other words, you can not lock her out. If getting her out before her lease is up, make her an offer ($$$) she can't refuse. Otherwise, send her a notice at the proper time informing her that you don't plan on renting her after her lease expires.