current tenants breaking lease early : ezLandlordForms

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Shelby V

started a topic almost 11 years ago

I have current tenants who want to break the lease early. They asked to get out early due to wife being pregnant and wanting to move out early due to no longer being able to afford it because of the impending birth. I advised that is not a valid reason to break lease, sorry I couldn't let them out of their lease because of that. Wished I could but I have to continue to pay my mortgage no matter what. They begged me to sign a 2 year lease in the beginning which I did reluctantly but since we live overseas due to military assignment agreed to the terms thinking it would benefit us both. I have family a few hours away who have Power of attorney and did the walk through with them and gave them their keys and such. The wife emailed me and said that their hands are tied the understand they might loose their security deposit for breaking lease early but they had no choice. I tried to call them back and let them know that we weren't going to agree to these terms. The wife (who is also military) called with her 'supervisor' to advise me that it because her current toddler wasn't on the lease therefor it wasn't a binding lease, long story short it became a yelling match on her part threatening to take it to legal and get out of it. I assured her it was legal and binding lease, besides the fact that they failed to indicate his name on the application was their oversight and should have been grounds for false representation, and besides that we had that information when they sent us application information by their military orders and that the fact the agents doing the walk through with them and our previous correspondence already established that her son was to be living in the house. Also the fact she has lived there for 1 year and 4 months and didn't seem to have a problem with it makes her argument invalid. In the end after the supervisor told her she was being unreasonable and she just wanted to try and work this out on their behalf, we both agreed the best thing for us all involved would be for them to cooperate and work with us to find a suitable tenant and that would be the only way we wouldn't pursue them for any lost rental income and/or damages. She agreed and said they would stay in the house and pay rent on time until that happened. I never got anything in writing rescinding that email of notice to vacate just her word (and later her husbands along with an apology stating he asked her not to call us with that claim demand anything to us) So they have cooperated in showing the property and we have found someone who has made application and we're trying to hash out the move in date. I'm having trouble getting them to commit to move out date, husband says possibly the 5th of the coming month (11 days away) and the wife emailed and said they still intended on being out the end of this month (7 days away). I've tried to call and email saying that if I don't hear anything in 24 hours I will assume the original move out date she emailed me would be in force. The 24 hours has passed and no answer or return of my calls. The family that wants to the house has made application and even paid their security deposit. I just don't know what to do now. I know their is some issues I have to correct (child murals on the walls which apparently when showing the house to the prospective clients they said the 'previous' tenant did) some damages and clean the property to prepare it for the new tenants and have to arrange for my out of town family to come and take possession and see to the repairs and preparation for the new tenants. Not sure what to do at this point, any advice would be greatly appreciated. And do I have a right to keep the security deposit as a fee for breaking the lease as they suggested being a possibility? The difference between this and the deposit for damages once we are able to take back possession are they one in the same or completely different charges altogether?

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Joellyn L

said almost 11 years ago

In response to your latest update, I take pictures before tenant moves in and when they move out. Like the saying goes: 'a picture is worth a thousand words'. It has never failed me in court yet. When the Judge sees the pictures (which are dated by the camera), there is never any doubt or a 'he said -- she said' instance.

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Shelby V

said almost 11 years ago

Thank you for both your replies. I am very lucky to have found new tenants in thank goodness, we were only out 5 days worth of income. They are pestering me for their security deposit and I had so many things to have done to make it ready for the current tenants, but the fact of the matter is we've spent more money fixing things than their deposit was. So I am using the form I found on here to give them detailed reconciliation of how their deposit was spent, they actually owe me more money. I doubt I'll ever see if, but at this point it's more the principle. When I send this letter do I need to include pictures and receipts, or just the reconciliation itemization? My family that has a Power of attorney went and did the walk through inspection and took pictures of the damage. So I have them if I need to go to court. I have a feeling I might need them. Wish me luck, but I tell you I wouldn't wish this situation on my worst enemy. To be honest it's a good thing they got out early because if they had stayed in for the full term my house would have been ruined! Thanks again for your advice.

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Adam C

said almost 11 years ago

Yea, even I would say that you should handle the matter professionally rather then thinking about it from the emotional front. If you need a professional advice on it, then do let me know, I'll talk to my property manager at Lone Star Realty and will get back to you.

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Richard W

said almost 11 years ago

Hey I just saw this answered in Move-in Move-out section, I'm glad it was posted twice so that I can answer here. This is a business, treat it as one and make sure that you have at least tenants in the place. I see to many time good landlords get taken advantage of in situation where a sudden move out happens and there is a sob story to go along with it from the tenant. Now in this case it seems serious, after all if they cannot simply afford it then you will lose out from loss of payments. The best thing to do would be to fill the unit ASAP.