Re: breach of contract by one party. - Landlord Forum thread 326466

Re: breach of contract by one party. by L.A. on October 30, 2014 @20:24

Why not face this head on? I know a contract was signed and they, being adults, should live up to their end of the bargain and pay the last two months.
HOWEVER, in a divorce situation NO ONE wants to live in the place with the memories. Clearly this is the situation since both want out now.

Isn't the idea to have the place rented? You know you have to re-rent soon. Why not place an ad and start showing, indicating it could be available immediately. If you find a renter that wants to move in right away you both win.

In July I had a similar situation. The couple in my apartment were splitting up. Nasty, messy breakup where they couldn't look at each other. Neither had stayed in the place for a couple of weeks and she was wanted out more than 2 months before the lease was up. She said that he would take over the lease. He was tight lipped about the whole situation. I was concerned over so many aspects of this.

After fretting for a couple of days I decided I would try to be pro-active and work with them. I told them both I was putting an ad up for the apartment and that if a suitable renter could be found, and they left the apartment clean, I would allow them to break the lease without a penalty.
2 weeks later I found a suitable tenant. The couple moved out on separate days. They vacated 3 days before the end of the month. We hired a cleaning service that did a move-out cleaning, which was deducted from their deposit. We took two days to do minor repairs (new ceiling fans, paint touchups, etc) and our new tenant moved in the day after (August 1st).

I was so glad I didnt just wait and see what they would do and, most likely, force an eviction process, lawsuit, etc. It was a win-win situation.

If you talk to both parities and tell them you are sympathetic and amenable to breaking the lease provided certain conditions are met… you could end up ahead without ever having to go to court or escalate things to an ugly level, because lefts face it, eviction is just plain ugly for both sides.

Now, if you just want to stick it to them… then … go forth and good luck.

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Re: breach of contract by one party. by Anonymous (nv) on October 30, 2014 @21:03	[ Reply ]

I would have a problem with that! but I have une gate completely destroyed and i am a sure house needs new paint! the thing is that he is insisting she will stay and she wrote in facebook she is moving! they do not come forward and say the truth! I answer today for the referral and i said the truth , contract is not finish and they did not give me a 30 days notice, i do not know how is the condition of the house either, but until October they always paid in time im waiting for november and december. I called the gas company and they did not desconnect the gas, electric wouldn't tell me the info. I know they already clean the side on the house , driveway, they move everything, I asked to the lady who call what size of apartment 2 bed, so may be it is true they are spliting! they have 4 children too small for 2 bed! let's see next week if they pay...........

Re: breach of contract by one party. by Anonymous (Nevada) on October 31, 2014 @09:40	[ Reply ]

Sorry I wanted to mean I would not have a problem with that