Landlord Question and Answer Forum

I have some issues, and need to know what I need to do. I had tenants move into my rental home on May 30, 2010. They moved in and four days later were asking me what they needed to do to get out of their lease. I advised them that in order to be released from their lease agreement, I would have to re-rent it to someone else. They were not okay with that idea - so the tenant said that he wanted his security deposit back, that I could "keep" the first month's rent. I again advised him that I would not give anything back to him unless the property was re-rented. He called me yesterday and said that they would have all of their stuff out of the house by Tuesday night, and that I needed to meet them at 8:30pm to cut a check for the deposit and half of the first month's rent, and then he would return the keys. I told him I would meet him there, but never verbally agreed to return to him any sort of monetary refund. What do I do? Are they entitled to any of their money back?

Don't give them anything back. Assuming you have a solid lease agreement, they have a legal contract. Make sure to serve any legal notices (3-day notice for example) and then go to court for an eviction. Your state may have an abandonment clause. Check with your state department of real estate and/or a local real estate attorney. The mistake many landlords make is taking "possession" of the property on the one hand, and also pursuing the tenant to perform on the lease on the other. However, perhaps you can come to an agreement where the tenant signs away their rights and in return you retain all monies held. You want possession of that rental. You can't re-lease what you don't have possession of.

Posted by Scott T, CA on Monday, June 7, 2010

okay, first of all, your lease agreement is a BINDING contract and enforceable by law. If your tenants break ANY rules of the lease, they are under every obligation to adhere to the concequences outlined or even not outlined. Now, if a tenants moves out before the lease term expires or renews, you may charge them full rent and utilities during which time the property remains vacant until re-leased or occupied, even calculated daily. A judge WILL act in your favor in this regard. Keep us posted on developments. I am having issues with one of my tenants now too!

Posted by Kim C, MI on Sunday, June 27, 2010