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Re: Tenant wants to break lease by # 1 M-bone on July 25, 2009 @18:09

For starters, do not give her permission to break her lease, you didn't right? However you can not stop a tenant from breaking their lease and moving. Within the time frame per your State law, send her the security deposit settlement statement showing the deposit used for breaking the lease and any other damages, cleaning, etc. I would also note on the statement that another bill will follow once you do have the unit re-rented for the rent for the months the unit was empty up to the expiration of her lease. In this economy, and especially since rents dont typically go up after 7-8 months, I don't think it's wise for you to raise the rents in your attempts to rent the place, only IF you rented it way below market rent to the current tenant in the first place and the market cna bare it. A lot depends on the area. In my experience, for the past year - here, the average rents have dropped about $100.00 /mo.

To answer your last question, if rental is left in good condition and no outstanding debt is owed, then nothing is considered reasonable to deduct from the deposit, other than advertising and vacancy loss.

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Re: Tenant wants to break lease by John (CA) on July 25, 2009 @18:32 [ Reply ]
I told my tenant that I will allow her to break her lease, however she is still responsible for rent until a new tenant moves in.

By that statement, is that allowing her to break her lease? or was that just another way of saying that it's ok if she moves out? If my statement is considered to be giving her permission to break the lease, will I still be able to deduct for advertising?

    Re: Tenant wants to break lease by # 1 M-bone on July 25, 2009 @18:41 [ Reply ]
    You gave her permission to break her lease, your fault. I would tell my tenant if they want to break their lease, just remember the consequences. You can still attempt to make her resposible for the rent loss during vacant months, but it's a gamble when you take it to court. Bare in mind, a good landlord will quickly mitigate his losses and try to re-rent the unit as quick as possible. We are not suppose to look for ways to charge the tenant for this, that and whatever we can try to get away with. You are focusing too much now on this tenant, let her go as you permitted and get ready to re-rent it back out, worry about her after you deal with the empty unit, send the SDSS (Security Deposit Settlement Statement)within the appropriate time frame. You are at lease 30 days ahead of yourself plus the number of days you still have this tenant for.
Re: Tenant wants to break lease by John (CA) on July 25, 2009 @18:41 [ Reply ]
I forgot to add this to my last question. When using the security deposit statment, what amount is reasonable for deduction from the security deposit for breaking the lease 4 months early?

Or did my verbal statement of allowing her to break the lease void me from doing this?

    Re: Tenant wants to break lease by # 1 M-bone on July 25, 2009 @18:43 [ Reply ]
    What amount is reasonable for deductions from the deposit for breaking the lease? The answer is in your lease, what does it say?
    Re: Tenant wants to break lease by OK-LL on July 26, 2009 @08:57 [ Reply ]
    Unless your lease specifically has a lease breaking clause which identifies a charge (and most don't), you cannot deduct anything from SD for "breaking the lease". You may only charge for real expenses, such as lost rents, advertising, cleaning, etc.
      Re: Tenant wants to break lease by Tim (Indiana) on September 9, 2015 @14:50 [ Reply ]
      If a tenant breaks the lease, then they forfeit any security deposit. Most leasing fees are customarily the first month's rent, anyway. On the settlement statement put re-lease fee and add anything else over that which may be sought through collections.

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