Re: breach of contract by one party. - Landlord Forum thread 326413

Re: breach of contract by one party. by Anonymous (NV) on October 27, 2014 @23:12

he actually will have the agency to call me, I guess I can just tell them he is braking the lease , so far they paid in time but i do not have the last 2 months rent, so that is , I guess....could say that???? I can say it is not the policy of the cia. to give reference until they move out. and we get a walk through and everything paid?????

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Re: breach of contract by one party. by Monica on October 27, 2014 @23:26	[ Reply ]

"I can say it is not the policy of the cia. to give reference until they move out. and we get a walk through and everything paid?????" No, you give a verbal reference based on current and past information when a landlord calls you for a reference which will generally happen before tenants move unless you are a past landlord they gave on the application. Just explain that the lease is not up until the end of December and they will be breaking the lease if they don't pay November and Decembers rent. Just don't put anything in writing. Do not give personal information or discuss their divorce, stick to the rental facts.

Re: breach of contract by one party. by jannie (IL) on October 28, 2014 @08:57	[ Reply ]

I think Monica's reply is very clear and the best way to handle it. You're telling just the facts that you know. And, you may be worrying for nothing as I've never had anyone call me about a past tenant. But, I have called LL. Just tell them don't write them. If your tenant is planning to move in on Nov 3 he's already been approved so the reference seems strange --- he may be just trying to find out what you're going to do about the fact that he's leaving early.

Re: breach of contract by one party. by Monica on October 28, 2014 @10:12	[ Reply ]

"he may be just trying to find out what you're going to do about the fact that he's leaving early." Exactly and most landlords are non-confrontational and as such tend to be easily persuaded by tenants especially when the attitude comes on and with an already "written in stone" reference, you will be backed into a corner when they demand their deposit back after breaking the lease. It doesn't hurt at this point to remind them that they are responsible to fulfill the lease and pay the rent through December. This keeps the ball in your court and they are less likely to manipulate you into forgoing that penalty for breaking the lease. It doesn't mean they will pay it but it does mean you have their deposit to cover some of it. Do NO tell them they are not getting their deposit, you will give an accounting of it per State requirement and return what they do have coming back to them. Make the check out to ALL parties who signed the lease no matter what he or she says. Do not split the deposit between them, that is up to them to deal with each other over who gets what.