Re: breaking lease. - Landlord Forum thread 342745

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

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

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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. by Garry (Iowa) on February 4, 2016 @00:17	[ Reply ]

The anons are correct. Your lease has not been broken by the T because the rent has been paid thru Feb. 29. It's not against any law or lease that the T must be physically living there, or have just a few items there, as long as the rent is paid up-to-date. What you need to do is wait till March 2nd, and send a 3 day pay or quit notice according to your states eviction laws to the T at YOUR rental property. Also post it on his door. Then wait the required time, post another 24 hr notice that you are going in to see if he/she is out. If they are, then you can change the locks, clean and repair damages, and rent it out again. You do not want to rent it out again till you have LEGAL possession, which means AFTER the 3 days have passed and he has not paid Marches rent. I say that, because what if something changes with the T, and he DOES pay Marches rent, say on the 4th of March. You will have one HECK of a problem if you have a new T and the old T with signed and valid leases. Just wait a few extra days, give proper notices, and take back possession LEGALLY. Take pics when you go in there in March to prove the T is gone. He may even return keys to you at that time. You can probably keep part of the sec. dep. for Marches rent, but nothing past that, as YOU were the one who gave the notice to pay rent or MOVE---which he did, if he is no longer there in March.

Re: breaking lease.