Re: Tenant Broke Lease Verbally - Landlord Forum thread 358490

Re: Tenant Broke Lease Verbally by Garry on August 25, 2018 @09:24

If your original lease was in writing, then any future changes to it , MUST ALSO be in writing if you expect any changes to be upheld by a judge. And even if it was an oral lease, the change you are talking about,( tenant moving out and LL selling the place) are MAJOR changes or possible lease violations, and should ALWAYS be in writing.

I believe the T is right, and that YOU messed up. You, acting upon what the T "said they might do in the future" you physically did something---- you put the place up for sale, and now have contract pending. The T has done nothing physical yet, meaning actually moving out.

If you want/NEED the sale to go thru, then you are going to have to give the T ANYTHING they want, if you want them to move. That may mean you give the T maybe $5,000 cash on Monday, to be out by Aug 31. (that amount gives them immediate cash, to be able to move all their stuff to a storage unit, and pay for a hotel for 2 months, while the look for a new place.)

Think of it this way-----if the new buyer "said" they were going to buy your place, would you believe them, (and act upon their "word only" if there were no WRITTEN offer (and acceptance) to do so?? Heck, no! You would say to yourself, I'll believe it when I see it-----IN WRITING! By the way, neither of you have broken the lease yet. The T has not moved out yet, and even if you sell your place on paper, the new buyer will still have to honor whatever lease is in effect on the day of sale. Then if the new buyer wants to move in, THEY would have to buy out THEIR new tenant to be able to do so. But you MUST disclose that to the new buyer, BEFORE you sign any sale papers.

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Re: Tenant Broke Lease Verbally by Garry on August 25, 2018 @12:35	[ Reply ]

Something else I just happened to think about. If your T offers you full rent next weekend for Sept, and you don't accept it, YOU would be in violation of your own lease. Also, did you guarantee the new buyer an empty place when you close the deal? If you did, and you can't deliver, your sale may fall thru, OR the buyer could sue YOU for breach of contract. It's fine to agree to things orally, but put that agreement in writing, signed by both parties, 24 hours later.