Termination of Rental Agreement - Landlord Forum thread 317491

Termination of Rental Agreement by Brian on April 14, 2014 @21:16

Our tenants refused to sign a new 1 yr lease and have been month to month for about 8 months. (It does state that the lease will go month to month once 1yr lease expires). We have since sent them a termination letter and gave them 30 days to leave which is 11 May (30 days is written in agreement. They have also refused us access in the past and to this day. They did pay a "first and last month"when they moved in 4 yrs ago plus a deposit. We know the deposit will not cover all damages/repairs needed so we were going to hold the "last month rent" to use on damages. They are requesting the "last month rent" now or they will stay in rental thru May without paying for May. We were going to use some of the "last month rent" for damages and give them the balance. Any advice out there would greatly be appreciated.

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Re: Termination of Rental Agreement by Garry (Iowa) on April 14, 2014 @22:02	[ Reply ]

If you signed a lease with them years ago, and you accepted money for "last months rent" then that is what you must use it for, or YOU are breaking the lease. They have every right to expect you to live up to your signed lease agreement. You can only use their deposit after they are out, to cover any damages and unpaid rent. If more is owed to you after that, then file a money judgement against them in court. Next time, get a deposit equal to 2 months rent, (if your state allows it) plus first months rent. Do not call it "last months rent" or you may have this same problem next time.

Re: Termination of Rental Agreement by Bill on April 14, 2014 @22:41	[ Reply ]

The first minute the May rent is due you post a Pay or Quit notice. Post it to the front door and mail another by receipted, certified mail. As soon as the notice expires, follow this with an eviction. Explain to the tenants that the deposit will not be returned to them before they move out and not before all repairs and damages are applied to it. I believe you are in a little over your head and should see a lawyer now. Do not allow these tenants to live in your rental for free. And, you have no idea if they will actually move by the end of may or not. Why should they when they are living for free. Your tenants are abysmally stupid or they would not allow an eviction to become a permanent part of their credit and civil records. Again, see a lawyer this week. It will cost you money but so will allowing your tenants to live for free. Plus you will need to collect all the money for damages that exceed the deposit.

Re: Termination of Rental Agreement by Anonymous on April 15, 2014 @01:38	[ Reply ]

If they paid the first and last month, the last month is to be used for the last month they are there. You can not look at it as extra security deposit. See an attorney, so you are ready when they become holdover tenants. As well as the possibility of taking them through an eviction, and small claims court for damages. As for refusing you access, you need to call and give 24 hour notice, and you are legally allowed to enter the rental unit. If they have a receipt that states the "last month" on it, you will be in the wrong if this does go to court. Does the lease specify the rent is due on the 11th of the month, or is it due on the 1st, and they have not paid it? Is your state a term state, or a literal state?

Re: Termination of Rental Agreement