Re: breaking lease. - Landlord Forum thread 342743

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

"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.

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Re: breaking lease. by Edward (NV) on February 3, 2016 @18:31	[ Reply ]

the contract is with him and his girlfriend both names

Re: breaking lease. by Edward (NV) on February 3, 2016 @18:32	[ Reply ]

yes he is doing breach of contract, he paid febraru the contract goes until end of october , so if he tells me I can rent it from mach, he braking the lease agreement

Re: breaking lease. by Anonymous on February 3, 2016 @18:48	[ Reply ]

No, the tenant can tell you anything, the contract is not breached until you do not receive payment for March. If the tenant has paid February rent, the tenant still has legal possession.

Re: breaking lease. by Edward (Nv) on February 3, 2016 @18:55	[ Reply ]

So what I do? He left and sent me a text he is probably thinking with this text he is giving me 30 days notice ! But I think he is responsible for rent until I re rent it. Would I be able to show the house ? Reality he left and I have to try to rent the place asap so I don't have lost of rent but I want to make him responsible for rent until house is re rented

Re: breaking lease.

Re: breaking lease. by Anonymous (FL) on February 4, 2016 @05:40	[ Reply ]

Look at Gary's advice. He is pretty knowledgeable. However, I would suggest a more proactive approach. I suggest you not wait. Instead, try to get in contact with the tenants by telephone at first (text as a last resort, but avoid conversation by text. Urge them to call you). Tell them that they signed a lease and they are responsible for the rent until the end of the lease or until it has been rerented. Sometimes just explaining this will make a tenant rethink their situation. If they still intend to go forward, tell them that you need their notice in writing signed by both of them. Get a forwarding address and the best phone numbers they can be reached at. Lastly, send them a letter detailing the conversation and what their responsibility will be as far as future rents, urge them to leave the unit clean and report any damages they are aware of (so you know ahead of time what will need to be fixed), and request that they set up a date to meet to turn the unit back over to you. Also, if at any point they say anything contrary to your stance on the situation, corrent them immediately... Lastly, if you do not think you will have an easy time collecting furture rents from them, you might consider allowing them to end the lease early if they pay a early-termination fee. I would suggest the equivilent of two months rent (March/April). If they agree, they would have to pay the money before Feb 29th and if they do so, you would give them a letter detailing the agreement, you all sign it, and you all get a copy. They move on, you move on...no strings attached. Also, if they do leave, do not forget to deal with the security deposit properly.

Re: breaking lease. by Edward (NV) on February 4, 2016 @10:20	[ Reply ]

I sent him before the copy of LPA's "TENANT�S NOTICE TO VACATE" but he never return it back. I understand probably what gary said it is the most legal thing to do but eviction costs and having the house empty will cost me money. I see the guy paid february trying to give me a 30 days notice by text, thing that it is not legal, but I think he is trying to leave in better way. He already moved to california, paid rent there, he just could have left without paying february rent. Shouldn't he send me that form back at least? or in writing 30 days notice? How I make him to commit to make and arrangement to pay until it is rent it ? or make what you said he pays for 2 months rent ?