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Re: breaking lease. - Landlord Forum thread 342820

Re: breaking lease. by MrDan (Georgia) on February 5, 2016 @18:17

                              
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.
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    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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