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Re: breaking lease. - Landlord Forum thread 342805

Re: breaking lease. by MrDan (Georgia) on February 5, 2016 @09:16

                              
As Nicole stated, do not make a simple issue into a conflict.

You want to take possession of the rental property back as soon as possible. If you send a ' CONFIRMATION OF VACATING PREMISES ' letter for both ex-tenants to sign and return, you can legally take possession back weeks before March 1st and start showing the rental property. You will be ahead in rent for at least two weeks. If rented by March 1st, you have no lost of rent.

Insisting on a 30 day notice means a delay in you getting possession back quickly. So forget about the 30 day notice part.

You are not going to get any more money out of the ex-tenants except for the security deposit you hold.
Because the ex-tenants are in California, you would have to hire someone to serve legal papers on the ex-tenants in California, get a judgement and then try to collect.

Send the ' CONFIRMATION OF VACATING PREMISES ' letter with no mention of the ex-tenants still owe money until re-rented. You can always file suit latter for additional rent if you cannot re-rent by March 1st. But that means money spent to serve the ex-tenants in California, court filing cost, any legal fees. Still, you would have to collect what is owed you, yourself.

All you want is to take legal possession back asap and re-rent the property.

As Nicole stated, call them up and tell them you have sent the ' CONFIRMATION OF VACATING PREMISES ' letter for them to sign and return within 5 days. That promptly signing and returning the letter would allow you to market and re-rent the property and would avoid any additional expenses for their breaking the lease.

If you cannot do the phone thing, have someone do it for you. It's just a few quick sentences to say.
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Re: breaking lease. by Edward (NV) on February 5, 2016 @16:50 [ Reply ]
Thank you so much for your answer! I will do that, but I sent that letter almost a month ago when he said he was going to leave and didn't send it back.
I will try again but is any way I can enforce they sign it and send it back?
Re: breaking lease. by Edward (NV) on February 5, 2016 @16:57 [ Reply ]
I just read the link you send me with the CONFIRMATION OF VACATING PREMISES, but I know he said as he did pay February he still having personal property there, so I am not sure this is the right form to send to him, what about this one:
-----
Please take notice of our intention to vacate our residence located at ------------ on or before

_________________________________________________________________________.

The reason we are moving is : __________________________________________________________________________________


.We understand that our Lease/Rental Agreement states that we have agreed to a 30 day written notice to vacate. We understand that we are responsible for paying rent through the end of the term agreed to in the Lease/Rental Agreement or until another tenant is approved by the management and has taken occupancy, whichever happens first. As we have agreed in our Lease/Rental Agreement, we will make the premises accessible to show to prospective tenants or purchasers at any and all reasonable times, whether we are present or not.



Tenant: ___________________________
    Re: breaking lease. by MrDan (Georgia) on February 5, 2016 @18:17 [ Reply ]
    Let's see what needs to be done and what needs to be avoided.

  • If you require a 30 day notice, that means the ex-tenants have legal possession of the rental property for 30 days which would put you well into mid March depending on if and when the ex-tenants send the 30 day notice.
    If rent was not paid for March, you would have to file an eviction to remove the tenants, and that would put you toward the end of March if not latter. (also means that you will be losing rent and spending money to evict)

  • If rent is not paid in March and you follow Nevada Law on 'abandonment', you will have to post the property and then wait 15 days before you could take legal possession. That puts you into the middle of March also. (you would be losing rent and time)

  • Now if your ex-tenant sign a 'CONFIRMATION OF VACATING PREMISES' letter and return it to you. You can take legal possession of the rental property and start to re-rent it. If you can re-rent it before March 1st, you will not lose any rent money. Remember the ex-tenant has paid for the month of February. (no partial discount of rent is due back to tenants)

    So if you send the 'CONFIRMATION OF VACATING PREMISES' letter and the tenants sign and return it by mid February, you'll have two weeks to show and re-rent the property before any additional rent is due. (The landlord is not waving any right to sue for damages or loss rent.)

    Now if you call your tenants on the phone and say;

    "Mr and Ms tenant, I have mailed you a 'CONFIRMATION OF VACATING PREMISES' letter, that if you sign and get back to (Landlord1.net), I can go ahead and start looking for a new tenant and maybe rent it by March 1st. If that occurs, you would not owe any rent for March. If I do not receive the 'CONFIRMATION OF VACATING PREMISES' letter back or you fail to send it immediately back after the two of you sign. Then additional rent will be required from you for March. The longer it takes to re-rent the property, the greater your liability. I hope I count upon the quick return of the letter from you."

    Thank you, your ex-landlord


    If you do not hear back from the ex-tenants, then when March rent goes unpaid, you will have to file eviction or follow abandonment laws to retake legal possession.

    Forget about the 30 day letter you have already sent the ex-tenants. You do not want the ex-tenants to give you 30 days notice...you want the ex-tenants to give you legal possession! With legal possession, you can start to show and rent the property again.
    • Re: breaking lease. by Edward (nv) on February 6, 2016 @08:09 [ Reply ]
      MR.Dan, thank you so much for all your help, I really appreciate it! I will do that and let you know how it goes!

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