Early termination text and no notice since - Landlord Forum thread 353346

Early termination text and no notice since by Jason on July 18, 2017 @21:49

Tenant has a long term lease until May 2019. Received a discount in the monthly rate of $200 per month by doing a 36 month lease extension. By gaining that discount agreed to an early termination clause of 60 days notice, plus 1 months rent, forfeit of security deposit and $200 admin fee. Tenant sent a text stating they wanted to terminate and move out at month end. Had several conversations to explain contract language as tenant wanted all early termination fees waived. Tried to compromise to half months rent instead of full but tenant refused and was unprofessional so we pulled the offer and said we would go by the contract. Tenant then wanted the offer back the next day. We said sorry we will stick with the contract. Informed the tenant we needed intent to terminate lease in a letter to be official. This was last week and we have yet to receive or hear anything else from tenant. Should we sent tenant a letter? Send notice to enter property to see if tenant has moved out? Can't tell driving by as has garage and blinds are always closed. What should we do if anything?

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Re: Early termination text and no notice since by Anonymous on July 18, 2017 @22:23	[ Reply ]

Not knowing what state you are in? In general, a lease of multiple years must have signed witnesses and/or notarized to be legally binding. Forfeiting the security deposit may also be against your state laws. The administration fee would also be illegal and denied by a judge. Depending on how the lease clause for the discounted rent was written, it may be a mute point also. What you have is the possibility of unenforceable lease terms in your lease. If an attorney contacts you on behave of the tenant, then you can assume that indeed you may have unenforceable lease terms. You should get lawyer-ed up as the potential for paying tenant damages goes up. Even your 60 day notice can be voided if your lease turns out to be nonlegal. Requiring a letter to officially terminate a lease may be your rules, but the court may find that the text met the legal requirement for notice. Too many issues here, you need legal advice.

Re: Early termination text and no notice since

Re: Early termination text and no notice since by lamac66 (ga) on July 19, 2017 @08:24	[ Reply ]

Monitor property for activity if you really want to know if tenant vacated by driving by at different times or have a neighbor discreetly monitor for your. If tenant breaks lease by early terminating, just secure property. Conduct move-out inspection. Keep deposit and admin fee. Consult your attorney to see if it is cost effective to enforce the long term lease regarding loss of rental income. If you can't enforce that lease, I would reconsider offering discount based on "long term" lease. Change to year to year lease.

Re: Early termination text and no notice since

Re: Early termination text and no notice since by karen (north carolina) on July 20, 2017 @17:46	[ Reply ]

you can tell by the utility bill and water usage if they are gone right? ask neighbors if they saw a moving truck if they see one to call you, pay them maybe for their tip? sounds like they are cool losing their deposit.

Re: Early termination text and no notice since by karen (north carolina) on July 20, 2017 @17:51	[ Reply ]

text should suffice as intent to move (not suffice as notice but to suffice as reasonable for you to enter premises on the date they proposed they end lease chances are they are going to leave but you have to send a letter to let them know your intent to enter)

Re: Early termination text and no notice since