Tenant Unable to fulfill lease : ezLandlordForms

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Carlos M

started a topic over 12 years ago

My tenant has failed to pay rent for the remaining months of the lease. She informed me that she had moved and the utilities were turned off. We told her that she would be responsible for any cost to restore the property for showing and any pass rents. How should we proceed legally?

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Bob R

said over 12 years ago

She's probably responsible for rent until you find a replacement (which you should start doing immediately) and getting the property back is shape, if needed.. She may also be responsible for all costs to find another tenant, such as advertising, credit check, etc. Keep in mind that she may be in a tight spot, so be willing to work out a payment plan . It's better than being hard nosed and getting nothing, even if it takes a year. Talk with her. It can't hurt. After you find a new tenant, and if she's not willing to work something out, you will have to take her to Small Claims to collect. Check with State/Local laws. Keep us posted. Your situation is common and may help others. Good Luck.

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Charles S

said over 12 years ago

Tenant has a month to month lease with a 60 day moving notification requirement. Recieved notice by phone on 4/17/2012 that she would be leaving as of 4/30/2012! Security deposit is $950. Since she broke the lease agreement, am I liable to pay her a refund, by Illinois law or can I use it to account for the 30 days she didn't inform us to find another tenant?

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Bob R

said over 12 years ago

No tenant has an obligation to tell landlord to find another tenant. However, they must give you proper Notice that they are moving. If your agreement states 60 days, than she must give you 60 days written notice (if State/Local Laws allow it). DO NOT accept verbal notices. If she changes her mind and you have nothing in writing, she can say she never intended to move and she doesn’t have to. Also, each State has different rules. Some say that a Notice must be given when rent is due. Others such as California, state a Notice may be given any time. Maybe someone here from your state can help you with notifications. I believe EZLandlord Forms has info on individual States. I’m not affiliated with this company. I’m just here (not sure how long) to help those that have questions. It’s my way of “Passing it Forward.” However, it is up to you to become familiar with your State/Local laws.