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NoStressMom
My Heart and Soul
Member since 5/05 11122 total posts
Name:
D
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Landlords?? How did you deal with Tenants wanting to break there lease?
My tenants just signed another 6 month lease with us in Sept. Which was bring them to March. She just called today telling us she will pay us for this month and next month and then she wants out. How did you deal with this? If I knew she didn't want to stay I would of gotten another tenant in. I'm so ******!!!
Denise
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Posted 10/4/06 9:37 AM  |
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Freddie
LIF Adult
Member since 3/06 1162 total posts
Name:
Freddie
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Re: Landlords?? How did you deal with Tenants wanting to break there lease?
I'm not sure, but I would think that you could keep her deposit - does the lease say anything about early termination?
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| Posted 10/4/06 9:43 AM |
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MrsA
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Member since 1/06 2012 total posts
Name:
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Re: Landlords?? How did you deal with Tenants wanting to break there lease?
You should require 60 days notice, but check your lease to see what it says about early termination. If she is breaking the terms of the lease Id keep her security.
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| Posted 10/4/06 9:56 AM |
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MrsBlueSash
Love my sailor
Member since 6/05 5793 total posts
Name:
Christian
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Re: Landlords?? How did you deal with Tenants wanting to break there lease?
Should be in the terms of the lease.
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| Posted 10/4/06 10:04 AM |
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Re: Landlords?? How did you deal with Tenants wanting to break there lease?
Is the apt legal? If it isn't you really can't do too much about it.
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| Posted 10/4/06 10:28 AM |
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Hi-Fi55
12 years...wow....
Member since 2/06 2984 total posts
Name:
Dianne
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Re: Landlords?? How did you deal with Tenants wanting to break there lease?
I have a rider to my lease. In that rider, it states that the tenant is responsible for those payments if they are in breach of the lease.
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| Posted 10/4/06 10:58 AM |
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Diana1215
Living on a prayer!!!
Member since 10/05 29450 total posts
Name:
Diana
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Re: Landlords?? How did you deal with Tenants wanting to break there lease?
I think that as long as she is giving you adequate notice there isn't really much you can do. 2 months is plenty of time to find new tenants. Yes, it's annoying and an inconvenience but that comes with the territory of having an apartment to deal with.
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| Posted 10/4/06 11:00 AM |
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NoStressMom
My Heart and Soul
Member since 5/05 11122 total posts
Name:
D
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Re: Landlords?? How did you deal with Tenants wanting to break there lease?
Posted by architectnycity
Is the apt legal? If it isn't you really can't do too much about it.
Yes it is it a whole house that I own
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| Posted 10/4/06 12:24 PM |
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NoStressMom
My Heart and Soul
Member since 5/05 11122 total posts
Name:
D
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Re: Landlords?? How did you deal with Tenants wanting to break there lease?
Posted by Diana1215
I think that as long as she is giving you adequate notice there isn't really much you can do. 2 months is plenty of time to find new tenants. Yes, it's annoying and an inconvenience but that comes with the territory of having an apartment to deal with.
I was thinking that too!! Just so frustrating but welcome to Landlord Hell I guess!! I figured I would just chalk it up to a lesson learned and be more prepared for the next tenant. Thanks Ladies
Denise
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| Posted 10/4/06 12:25 PM |
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NoStressMom
My Heart and Soul
Member since 5/05 11122 total posts
Name:
D
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Re: Landlords?? How did you deal with Tenants wanting to break there lease?
Posted by Hi-Fi55
I have a rider to my lease. In that rider, it states that the tenant is responsible for those payments if they are in breach of the lease.
I will have to look into this Rider thing for next time. It does say in the lease it contract is breached they are held to the remainer of the money but good luck getting it unless I really want to be a Pain in the A$$.
So I will have my lawyer just send a letter to them first and see if that gets them scared and then take it from there.
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| Posted 10/4/06 12:27 PM |
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MrsJ
I love my Katie Bug
Member since 5/05 11357 total posts
Name:
Kathy
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Re: Landlords?? How did you deal with Tenants wanting to break there lease?
I would tell her you need a minimum of 2 mos notice if she is going to break the lease. Is it a legal apt? Id it is, your lease is binding - although its probably more aggravation than its worth to force them to stay. In our lease, we always add that 2 mos notice is required if they plan on leaving. I'd tell her you want 2 months notice - keep the security if you have to. Its not fair - and not legal if they have a lease.
ETA: just re read your post and realized that she did give 2 mos notice...I think this should be enough - we would agree to 2 mos notice. Contact a realtor NOW and tell your tenant they must keep the apt in order bc you are going to start showing the apartment NOW.
Message edited 10/4/2006 12:57:48 PM.
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| Posted 10/4/06 12:56 PM |
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MrsS2005
Mom of 3
Member since 11/05 13118 total posts
Name:
B
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Re: Landlords?? How did you deal with Tenants wanting to break there lease?
Posted by NoStressBride
Posted by Hi-Fi55
I have a rider to my lease. In that rider, it states that the tenant is responsible for those payments if they are in breach of the lease.
I will have to look into this Rider thing for next time. It does say in the lease it contract is breached they are held to the remainer of the money but good luck getting it unless I really want to be a Pain in the A$$.
So I will have my lawyer just send a letter to them first and see if that gets them scared and then take it from there.
I don't even think you need a rider as long as the lease says the tenant is responsible for the rent throughout the lease period. Regardless of how much notice your tenant gives you, you are entitled to the rent for the entire lease period (unless you have a provision in your lease that says otherwise). However, you must try to mitigate damages, which means that once the tenant vacates, you have to try to rent the apartment.
If you want the full rental amount, you can take your tenants to small claims court (or possibly housing court, but I'm not sure about that). It all depends on how much you want/need that money. You really don't need a lawyer in small claims court. Most people handle their own cases there. Good luck.
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| Posted 10/4/06 11:17 PM |
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NoStressMom
My Heart and Soul
Member since 5/05 11122 total posts
Name:
D
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Re: Landlords?? How did you deal with Tenants wanting to break there lease?
Posted by MrsJ
I would tell her you need a minimum of 2 mos notice if she is going to break the lease. Is it a legal apt? Id it is, your lease is binding - although its probably more aggravation than its worth to force them to stay. In our lease, we always add that 2 mos notice is required if they plan on leaving. I'd tell her you want 2 months notice - keep the security if you have to. Its not fair - and not legal if they have a lease.
ETA: just re read your post and realized that she did give 2 mos notice...I think this should be enough - we would agree to 2 mos notice. Contact a realtor NOW and tell your tenant they must keep the apt in order bc you are going to start showing the apartment NOW.
Thanks for the information. YES YES YES THIS IS A LEGAL HOUSE. Not an apartment. I own this house. I will have to start showing this now.
Thanks again
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| Posted 10/5/06 9:01 AM |
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NoStressMom
My Heart and Soul
Member since 5/05 11122 total posts
Name:
D
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Re: Landlords?? How did you deal with Tenants wanting to break there lease?
Posted by MrsS2005
Posted by NoStressBride
Posted by Hi-Fi55
I have a rider to my lease. In that rider, it states that the tenant is responsible for those payments if they are in breach of the lease.
I will have to look into this Rider thing for next time. It does say in the lease it contract is breached they are held to the remainer of the money but good luck getting it unless I really want to be a Pain in the A$$.
So I will have my lawyer just send a letter to them first and see if that gets them scared and then take it from there.
I don't even think you need a rider as long as the lease says the tenant is responsible for the rent throughout the lease period. Regardless of how much notice your tenant gives you, you are entitled to the rent for the entire lease period (unless you have a provision in your lease that says otherwise). However, you must try to mitigate damages, which means that once the tenant vacates, you have to try to rent the apartment.
If you want the full rental amount, you can take your tenants to small claims court (or possibly housing court, but I'm not sure about that). It all depends on how much you want/need that money. You really don't need a lawyer in small claims court. Most people handle their own cases there. Good luck.
Thanks so much for the information.
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| Posted 10/5/06 9:06 AM |
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