Re: breaking lease. - Landlord Forum thread 342806

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

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.)

[ Reply ] [ Return to forum ]