Landlord Question and Answer Forum

Yes Bob the tenant is wanting to vacate. I mailed a NOTICE TO TENANTletting him know that by braking the lease is considered as abandonment and highlighted the area explaining this to him. Oh, yes he will have 3 month left on the lease. His excuse is that someone apparently went into the premises while his daughter was there this happened early afternoon and I received a call about 6:08 in the evening. The police stated that their wasn't any forced entry oh and only two small items (electronics) and he fears for his family, so I riminded him about his lease and he told me that he doesn't care about a lease.

Here’s the bottom line. He’s responsible until the lease expires. The assumed break-in is a mute point since there is no evidence per Police Report (you may need a copy of report if he takes you to court for Sec.dpst refund). There is no reason to force him to stay if he feels insecure…..suggestion – lst him know (in person) that he’s responsible for the rent. However, you’re willing to advertise the property for rent to find a new tenant. This will require his co-operation with allowing showing as needed and keeping the place in an orderly manner. He must continue to pay full rent on time. Sec.Dpst can not be used as last months rent. Should he vacate the unit before the lease terminates, he will be responsible for the total cost of finding a new tenant + ½ months rent as penalty. If another renter is approved, you will refund him any rent over paid… Put all this in writing (Addendum – Change of Terms) and make sure all tenants on lease sign/date and give him a copy…..Since there’s only 3 months remaining, I see no reason to charge him for finding a new tenant. Finding a new tenant around Xmas will probably be difficult. It’s best to do it now. . -----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

Posted by Bob R, CA on Monday, October 15, 2012

Thank you so very much for your response it was very helpful, but the tenant refused to sign the Amendment to Lease (change of terms) and made it known that he will not pay any left rent and to take him to court.

Posted by JohnnieMae C, FL on Thursday, October 18, 2012

Try not to get to frustrated. Consider this experience as “part of doing business.” …. I would just lets things stay as is. When the time comes (check state law for not renewing rental lease) send him a written notice, registered mail so you have proof you sent it, that you will not be renewing his lease and that he has to vacate the property at the end of the lease. I’m sure you can find a copy of the Notice here for your State. Just make sure you send it as required by State law……If he doesn’t pay his rent as required, you can send him a Notice to Pay or Quit. If he doesn't pay when required, you can start eviction. If he owes $$$$, you will have to take him to Small Claims Court after he vacates. How much you can sue him for depends on your contract. I offered some suggestions that you may want to incorporate in your contracts. Good luck and keep us up to date. . -----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

Posted by Bob R, CA on Thursday, October 18, 2012

Thank you again, but this tenant is planning to vacate this weekend. His final response is that he's moving because he doesn't feel secure since the alleged brake in and that he will not be paying rent for somewhere he's not living. Then I asked about the keys and his response was that he would call.

Posted by JohnnieMae C, FL on Thursday, October 18, 2012

Technically, he must give you WRITTEN Notice that he's moving. However, in your case, he's violating the lease agreement. There is nothing you can do to stop him. Try to get him to give you something in writing that he's leaving. This will allow you to enter the property and start getting it ready after you do an inspection and take pictures of damages.....If he leaves this weekend, he would be responsible for rent until you find another tenant. This does not mean you can just leave the place vacant. You need to get the unit ready within a reasonable time......Don't argue with him. Be nice. Your objective is to somehow get him to sign/date a letter stating that he's leaving and returning the unit by a specific date. This will allow you to enter and get the place ready. Without the letter things are a little more complicated. If he's not willing to do this, post again. -----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

Posted by Bob R, CA on Thursday, October 18, 2012

Thank you again you have been a big help to me! I typed up a letter for them for the date that they will be moved out and for them to sign and date which they did thank you. After doing this they wanted to know if I want them to sign the Amendment To Lease(change of terms), so I let them know that this is it because I did not want to any conflicts with them. I was done with that issue when I brought it to them and so they have given me all that I needed as far as I'm concerned and I will let this be a lesson learn thank you again.

Posted by JohnnieMae C, FL on Friday, October 19, 2012

Just keep in mind that she is 1/3 owner and has as much rights as you do with the property. I believe she may even have the right to force a sale or have you buy her portion out. Just hope she doesn't talk with someone that may offer her suggestions. I believe the way torest at night is to have her do a Quit Claim to the property. You can always leave the property when your time comes. There's also tax advantage to receiving property via a trust vs being an owner....Best wishes. -----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

Posted by Bob R, CA on Friday, October 19, 2012

Sorry. Wrong posting above. I need a vacation...LOL

Posted by Bob R, CA on Friday, October 19, 2012

I thought it may be I was puzzled about the post

Posted by JohnnieMae C, FL on Saturday, October 20, 2012

Someone help me here, I had a tenant to vacate my unit by braking the lease leaving 3 months early. I did an amendment to lease (change of terms), which the tenants refused to sign so I had to type up something for the tenants to give me the right to enter the unit which I did. Then on the date of move out I did my inspection and the unit is No where near the way that I gave it to them. Nothing was cleaned, scratched entrance way to the bedroom, scrapped stucco off of the foundation of the house, dents in ceiling, paint peeled off of the wall, liquid splashed on ceiling, burned spots on tile from smoking inside the house, some of the detectors to the alarm on windows were taken off and put back wrong, infested, left the water on after disconnecting the washer not to mention the time and money that it took to get the house livable never mind they did not leave a forwarding address after asking about there deposit. Eighteen days later I received a certified letter from them demanding there deposit within 10 days. What should I do can anyone give me any suggestions?

Posted by JohnnieMae C, FL on Friday, November 9, 2012

You need to prepare an itemized listing of their deposit, starting with the money they gave you and subtracting for all the damages done. Then what is the balance (if any) and send them a check. This all needs to be done in the timeframe as dictated by the state you live in. Check up on your landlord tenant laws. If there is no balance due to them, then that letter should clearly state that.

Posted by Dawn A, WI on Friday, November 9, 2012