breach of contract. - Landlord Forum thread 353334

breach of contract. by Mark (NV) on July 18, 2017 @13:08

Bought the house with the tenant in. He had been there 4 years before I bought it and 2 and a half years after I bought it. He just texted me that for family reasons he is moving to another state. What it means he is doing breach of contract . He offer to pay august eventhough he said he would move on August 4th. He email me and texted me but this is not a formal 30 days notice. And how will I handled deposit? Do I have the right to keep it for breach of contract? How should I handled the situation.

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Re: breach of contract. by Garry (Iowa) on July 18, 2017 @14:00	[ Reply ]

So what, in your mind, or under your state's notice laws, would make it a legal, formal, 30 day notice?-----in writing, sent by certified mail? If so, text and email him back, that that's what you want. Also when is his lease up? Your T IS going to move, and there is NOTHING you can do to stop that. All you can do is try to cut your losses any way possible. So far, with the info you have given, my suggestion is, take him at his word. Accept the minimum 30 day notice from him and the way he gave it. Accept Aug rent, and hope he DOES give you possession on Aug 4. If he does, you will then have the rent for Aug, PLUS 3 1/2 weeks to get the place ready to rent. With that amount of time, you are getting the place ready on HIS dime. Unless he leaves you a huge amount of damage and cleanup, you may spend only a week getting it ready, and 2 weeks of advertising, and hopefully get someone in there by Sept 1, with NO loss of rent to you. His deposit, you will need to show damages and loss of rents against it, so no, you cannot just "keep it". The T is moving out of state. Are you REALLY going to pursue him out of state, if he screws you over? From your post about HIM, it sounds like he will leave you a clean place to rent out right away. I wish ALL my tenants move out in this fashion.

Re: breach of contract.