Help with understanding my options : ezLandlordForms

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Douglas H

started a topic almost 12 years ago

I have a tenant who recently notified me they were moving and would be vacating the property. My contract states a 30 day notice, I was given 12 days. The tenant moved out while I was out of town and was not present for a walk through. Upon inspection I found damage for a total of $1,266.00 , $366.00 over And above their deposit. I have sent them a second and final demand notice stating I would take further action if I did not receive payment or payment arrangement. I used this site to prepare my agreement which does not have a termination clause. The agreement ends August 1 , 2013. The tenants now live in Idaho falls Idaho, I live in Boise, Idaho. While investigating small claims websites, see that if I go this route I have to file in the county in which they live. This will be extremely difficult and costly to travel multiple times to go thru small claims court. Can I hire a lawyer and turn the entire mess over to them. My contract does state they could be responsible for all legal costs. I'am starting feel that landlords have no rights or at best have to she'll out lots of money which makes me feel that I should just sell the property and get out of the whole process. Any help,would be greatly appreciated. Respectfully Doug

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Bob R

said almost 12 years ago

If you have a contract, tenant should be responsible for rent until you find another tenant asap. They could also be responsible for the cost of finding a new tenant. I don’t believe the 30 day Notice is valid when you have a contract as mentioned. It would become relevant when the contract date expired and tenant was on a month to month. …..As for filing a claim, usually you would file your claim where the contract was signed, not where plaintiff moved to. Check with your state court house….. Also check with them about how to collect if you get a judgement. -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance. BTW...check out the Rental Property Organizer at Simp-List.com. Free Trial Download with data.

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Douglas H

said almost 12 years ago

Thanks Bob, I will check with my local court house. Respectfully Doug

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James C

said over 11 years ago

Doug, you can hire an attorney to go after the tenant for the excess damages and the rest of the lease amount, if you make a good effort to rent it out but do not before the end of the lease (just as you would if it were at the lease end) , you cannot get reimbursed for the advertising as you would have had to do that anyway after the end of the lease. It does how over costs much more than small claims court. The problem with this is the court can go either way depending on the situation. If the tenant can show that the unit was in disrepair (I am not saying it was, but they can have a lawyer as well) it could go back on you, this depends on the judge and the evidence. I live in Idaho and own a new property management company so I am familiar with the (few) landlord tenant laws they have here. One thing that can give you an idea of what to do is by going to Idaho Attorney General website and reading the land lord tenant laws. Here is the link: http://www.ag.idaho.gov/publications/consumer/LandlordTenant.pdf