Re: Tenant move out early - charge rent for vacant

Re: Tenant move out early - charge rent for vacant by Jake on June 23, 2012 @21:22

What I think is not important. You need to show up in court and explain everything to the Judge about how rats chewing up the dishwasher is a minor expense. Explain to the Judge what the lease says about rats, the dishwasher and how you failed to make the repair in a timely manner. Your greatest problem is that your lease provides for your tenants to break the lease with 30 days notice without any penalty. Also, the lease does not require your tenants to show the apartment or find another tenant for you. It only requires 30 days notice. Under your agreement the students can only lose one week's rent if they go to court. You can lose a lot more. Refund their money, let it go and get a better lease. Do it before you get a court summons.

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Re: Tenant move out early - charge rent for vacant by Adale (CA) on June 23, 2012 @22:37	[ Reply ]

"Under your agreement the students can only lose one week's rent if they go to court. You can lose a lot more." But what else do I lost other than 1 week rent in case go to court? Could I request 2 weeks rent if go to court, because there is 2 weeks vacancy? -- Again just to see where I stand. Looks like most tenants will argue with you if you do not refund deposit in full amount. In this case, I thought I am in a winning situation except that dishwasher issue is arguable.

Re: Tenant move out early - charge rent for vacant by Jake on June 23, 2012 @22:49	[ Reply ]

Let me say again that what I think is unimportant. Your tenants will take you to court soon so you can explain everything to the Judge.

Re: Tenant move out early - charge rent for vacant by Jake on June 23, 2012 @22:55	[ Reply ]

Your lease allows the tenants to break it without penalty with 30 day's notice. The tenants are not required by your lease to show the rental or to find you another renter. This is what the Judge will look at. This is a larger problem than the rat that chewed the dishwasher you refused to repair. You could lose three times the amount of the deposit you have deducted.

Re: Tenant move out early - charge rent for vacant