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Tenant changes mind Continued... (PA) - Landlord Forum thread 359443

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Tenant changes mind Continued... (PA) by Bill711 on June 28, 2019 @15:03

Tenant signs 12 month lease in condo unit starting June 1.
I notice before the walkthrough water in the basement coming from a window. Tenant makes note and I contact the association for them to fix.
They state they can't move in until after the children are done with school say 2nd week of June.
I get the minor leak fixed, cut the insulation on basement wall and noted no mold or further issues.
3rd week of June they stay due to unforeseen issues (really doesn't matter) they have to break the lease. I instruct them to send me an email stating that and that they must keep paying until a new renter is found.

Now July is due, they want to use the Security Deposit which I say no, they must pay before the due date or there will be a late fee. They flat out refuse and state they signed the lease under the pretense it was in good condition and the minor leak in the basement prevented them from moving in and not wanting to expose anyone to mold, which there was none. They think by giving $3500 (1st month and SD) and not having anything to show for it means I have to eat the SD.

I think they are 100% off base and grasping for straws, is that correct? I would use it for a last month rent since they never moved in but who knows when that will be.

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Re: Tenant changes mind Continued... (PA) by Garry on June 29, 2019 @00:22 [ Reply ]
So, by your figures, I'm assuming the rent is $1750/month, and the security deposit was $1750. Is that correct? I also stick by what I said to you 3 days ago. On July 2, you should give your T a 3 day notice to pay rent or quit. However, if you have a grace period of, say, 2 or 3 days before a late fee kicks in, you should wait to give the 3 day notice until after the grace period is up. And unless your state allows you to add in the late fees into the 3 day notice, you should just put down the actual amount of the rent only.

Once you properly (according to your state,s LL/T laws) give them that notice, and the 3 days have passed, you can post your 24 hour notice that you are going in, and if you find nothing there, you can change the locks, and proceed to rent it out again. That establishes the documents needed to show proof of nonpayment of rent for July. Their deposit will go for July,s rent, and/or any other costs of them not fulfilling the lease.
Re: Tenant changes mind Continued... (PA) by Daniel (CA) on July 2, 2019 @20:23 [ Reply ]
so did they never move in?
Did they ever get the keys?

if the answer to both are (NO) then it appears they never had possession. Since they never had possession then you might have more rights.

I would keep the emails. and keep a paper trail showing that they refused to move in and gave you the run around. which prevented you from rerenting it until now.

watch the peoples court and judge Judy for a week so you can understand how they approach LL/T issues like this. This case comes up many times on those shows.

if they never had the keys and notified you in writing they are hesitating from moving in due to their own reasons and that they are now hesitating to prepay for their monthly rent, then any judge would agree that you need to mitigate your loss by rerenting it.

you will be allowed to keep the June rent but the July will be dependent on when you find a new renter. But you could say that you hesitated getting a new tenant until the current ( deadbeats ) were resolved.

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