Re: breach of contract. - Landlord Forum thread 353336

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

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.

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Re: breach of contract. by Mark (NV) on July 18, 2017 @14:22	[ Reply ]

Ok, I will ask him the certified letter for 30 days notice and I agree nothing I can do so I want to cut the lost of money as much as possible. I called a realtor so I would pay $500 if he rents it for me. He said that here in Nevada for breach of contract I am entitled to keep deposit. I am not sure what condition it will be, I know I will need paint and clean carpet he has 3 dog. It will be very difficult to acest because I bought the house with him inside so I do not know how he got the house. What I do not feel comfortable it that I had already a call from other company that they want reference for his new rent, but he did not move out nor he paid august so It is hard to say, so what should I do?

Re: breach of contract. by Anonymous on July 18, 2017 @16:36	[ Reply ]

Never take legal advice from a realtor, a cop or a friend of a friend.

Re: breach of contract. by Anonymous on July 18, 2017 @17:55	[ Reply ]

so which one are you ?

Re: breach of contract.

Re: breach of contract. by Anonymous on July 19, 2017 @11:22	[ Reply ]

You need to read and learn your state landlord tenant laws first! The tenant is not required to send a certified letter to vacate, the law only requires notice, which you have received by both email and text. Security deposits are handled according to your state law. You should read them and be sure that you abide by them. You have 30 days to return or make an accounting of the security deposit funds. You just cannot keep the security deposit, you must make an accounting, your realtor is mistaken. Failure to follow the correct procedure entitles the tenant up to twice the security deposit as a penalty. You would be entitled to the $500 fee for rerenting the property as you can charge the tenant reletting fees by law, but that $500 fee might not pass muster as being reasonable to a judge. Painting and carpet repair/replacement will have to be prorated as to damages. Did you also have a pet deposit? Do you have proof of how the rental looked before the tenant moved in?

Re: breach of contract. by Mark (NV) on July 19, 2017 @15:07	[ Reply ]

Thank you! No proof ofhow the house look when the tenant moved in and it is not in the lease agreement that he paid pet deposit but now he is saying he paid1 also in the original lease said tenant paid $150 for cleaning and in did not get that , only i got security deposit!

Re: breach of contract.