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Re: breaking lease. - Landlord Forum thread 342747

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

                              
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
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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. by Edward (NV) on February 4, 2016 @10:01 [ Reply ]
    Thank you for your advice Probably it is the most legal way to go, but I will loose a lot of money that way also, between the legal fees for eviction that I will never get back, the house vacant with no tenant and I do not think he intends to pay march rent. Why not to go a different approach and try to negotiate a better end for both, tenant and me?
      Re: breaking lease. by Anonymous on February 5, 2016 @06:55 [ Reply ]
      I think she will not change her behavior and she will keep with the same story.it is better to get a better tenant at the long run.
    Re: breaking lease. by Anonymous on February 4, 2016 @16:44 [ Reply ]
    Nevada requires a 5 day notice G, you were WRONG saying a 3 day notice. Your advice would cause the landlord to start over again! Possibly causing the landlords eviction to be denied and costing time and money unnecessarily.

    If Edward was to post a 5 day notice on the first, the tenants have until the end of the 5th day to respond. If he follows your advice and changes the locks before than as you opined, the landlord would have locked the tenant out illegally. The tenant could pay the rent and/or claim constructive eviction against Edward!
      Re: breaking lease. by Garry (Iowa) on February 4, 2016 @20:21 [ Reply ]
      Thank you for correcting my error. I has helped both I and Edward out. From now on,I will try to post my answers as using a 3 or 5 day notice, which ever the OPs state allows. That should catch most of the state laws regarding notices to quit, unless you can find a state whose notice is different that the 3 or 5 day notice. Then be sure to point that out for me, so I can make changes again to my wording.

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