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Re: breach of contract by one party. - Landlord Forum thread 326417

Re: breach of contract by one party. by Katiekate (New York) on October 28, 2014 @09:19

                              
I would tell him that you fully expect the rent to be paid through the end of the lease. They are obligated to you for both Nov. rent and Dec rent. I would make that VERY clear to them

If you do not get the rent on Nov. 1st. Post a "quit or pay" notice and assure them you will file for eviction if you are not paid.

I would NOT give them a reference. If anyone calls for a reference...I would tell them that this tenant has announced their intent to break the lease.

If you end up before a judge, usually you will get a max of 2 months rent for the broken lease. Of course, a judgement isn't the same as actually collecting the money. You best bet is to threaten them with an eviction proceeding on their permanent background records.
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Re: breach of contract by one party. by Anonymous on October 28, 2014 @12:16 [ Reply ]
If a pay or quit notice is posted on the first and the tenant leaves on the third, as is his intention, the tenant has effectively quit the lease. There can be no eviction beyond that point. There also can be no action to recover the remaining two months of rent.
Re: breach of contract by one party. by Anonymous (Nv) on October 28, 2014 @13:01 [ Reply ]
I think they are counting the deposit as rent so they might be thinking they are cover because it's one month deposit . Also his wife never contact me so how can I know is it true they are divorcing? Shouldn't she contact me.
    Re: breach of contract by one party. by Bill on October 28, 2014 @13:36 [ Reply ]
    What you know for sure is that both of your tenants are breaking the lease. You need to get it across that not recommendation is forth coming and that the deposit is not for them to pay rent. Nor is it to be immediately refunded upon their request. It is yours to clean and repair damages.

    Get your pay or quit notice read now and pick up the eviction forms to have ready.
Re: breach of contract by one party. by Monica (Ohio) on October 29, 2014 @01:31 [ Reply ]
"If a pay or quit notice is posted on the first and the tenant leaves on the third, as is his intention, the tenant has effectively quit the lease. There can be no eviction beyond that point. There also can be no action to recover the remaining two months of rent."

This is correct except the landlord is entitled for rent for the month of November because they will owe rent for the month they have possession but the landlord will not be owed Decembers rent if you serve a notice to quit for the reason explained above.

    Re: breach of contract by one party. by Anonymous on October 29, 2014 @10:21 [ Reply ]
    If you give the tenant the option to quit the lease then you can no longer enforce the lease terms.
      Re: breach of contract by one party. by Monica on October 29, 2014 @14:41 [ Reply ]
      Correct except for the current month that they are in possession of the rental. Landlords gets judgments for that all the time. I have never been denied the rent for the month the tenant defaulted in that caused them to receive the 3 day notice.

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