breaking lease. - Landlord Forum thread 342735

breaking lease. by Edward (NV) on February 3, 2016 @16:00

Today I got this text:
"Hello I have just moved into the new place in California I paid February rent so I could have time to move everything out you can put it in the market in the first of March"
Tenant had 7 months left in his contract, so he is doing breach of contract.
So what should I write to her?
He is saying I can rent it from march first but not saying I can show it on February.
Still he is responsible for rent until the house is rent. but how to put this in formal words that he understand that.
Also Nevada law and in the contract state he has to give me 30 days notice in writing. I think he tried with the text but should be something more formal.
I need advice, how to handle this situation the most professional way, what I answer? what is my right ? what is his right?

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Re: breaking lease. by Anonymous on February 3, 2016 @18:12	[ Reply ]

"So what should I write to her?" "He is saying I can rent it from march first" Are roommate involved here? Her? He? No one is "doing breach of contract" if February rent is paid.

Re: breaking lease.

Re: breaking lease. by Nicole (PA) on February 4, 2016 @07:25	[ Reply ]

pick up the telephone and call them ... stop with the cryptic texting. Find out what is in the place and what it looks like. I'd imagine the "good" stuff is already gone. tell them you want to show it. Tell them it's in their best interests to have you rerent it as quickly as possible Between the two of you figure it out. You cannot do that via 15 word texts back and forth. Follow up your agreement in writing.

Re: breaking lease.

Re: breaking lease. by MrDan (Georgia) on February 4, 2016 @10:39	[ Reply ]

A landlords first response should be to read and reread their lease. Right now there is no breach in terms of the lease. Rent is paid in full for February. A breach would not occur until rent is past due in March. NRS 118.175 Liability of tenant. If a tenant of real property abandons the property, the landlord shall make reasonable efforts to rent it at a fair rental. If the landlord rents the property for a term beginning before the expiration of the rental agreement pursuant to its terms or if, despite the landlord's reasonable efforts, the landlord is unable to rent the property before the rental agreement is otherwise terminated, the former tenant is liable for any actual damages of the landlord which may result from the abandonment. If the landlord fails to make reasonable efforts to rent the property at a fair rental, the former tenant is liable for any actual damages of the landlord occurring before the landlord had reason to believe that the property was abandoned. If the tenancy is from month to month or week to week, the term of the rental agreement for this purpose is deemed to be a month or a week, as the case may be. Abandonment does not apply, as rent is paid for February in full. You cannot post a Five day notice to 'Pay or Quit' nor notice to inspect for abandonment, as that would be improper. It might also convey that the landlord approves of the tenant moving out early. Landlord Solutions; Wait until March rent goes unpaid and file for eviction. This would entitled the landlord to ask for damages for the tenant breaking the lease. But depending on the terms in the lease, this would mean the landlord might not be able to determine the amount of damages till the rental property is once again leased. The landlord would incur court cost and attorney fees in getting a judgement against the past tenant. Then there is the cost of trying to collect. Reply to both tenants that the notice is not accepted and the landlord will hold the tenant for the terms of the lease and will make reasonable effort to rent the property. Until then, the tenants are responsible for any rent that comes due. Now if the lease contains an early termination fee, then the landlord would ask for payment of that fee, and upon receive of the fee, would re-take possession of the rental property. Any future obligations by the tenant would end. Your best bet would be to have the vacating tenants(both) sign a 'CONFIRMATION OF VACATING PREMISES' letter (just google for examples) Take possession and get the property rented by first of March. This way, you take possession back earlier, avoid court cost for eviction. You would not have any lost rent if rented by the first of March. Any property damages by the tenant, the security deposit should cover. Since a Nevada landlord is required to mitigate damages, this would be the least expensive and time consuming route to follow.

Re: breaking lease.

Re: breaking lease. by Anonymous on February 5, 2016 @09:23	[ Reply ]

Quickest and least expensive method of recovering possession of the property while maintaining tenant's obligations under the lease is to post the 5-day p/q notice on March 2 after non-payment of rent occurs, and at the end of that 5-day period, enter the unit to confirm the tenant has vacated. You may need to check your state law, but in my state even when vacating under a 5-day notice, landlord's remedies under the lease are preserved and I can then sue the tenant later for lost rent, costs of turnover, utilities, etc. This solution will provide you legal possession of the property on March 7 and protect your ability to sue the tenant in future to collect your financial losses. Of course, collection will require you to review your state law for methods (garnishment of bank or employer, etc.?) and do some legwork to discover the sources you are allowed to attached (where is he working, what bank is he using, etc.)