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Re: Tenant changes mind Continued... (PA) - Landlord Forum thread 359449

Re: Tenant changes mind Continued... (PA) by Bill711 on July 1, 2019 @10:38

                              
Thank you Garry,

So even though I received emails stating their intention to break the lease and NOT move in I still need to submit a letter to them stating that fact and that rent will still be due as usual? What prevents them from deciding to move in after I already started the relisting process? Rent is due the 1st and there is a 5 day grace.

I have no doubt I will get nothing for July and have to use the SD for payment. I wanted to avoid that so I can use the SD as damages (relisting fee and sewer).

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Re: Tenant changes mind Continued... (PA) by Garry on July 1, 2019 @14:27 [ Reply ]
You are correct in that they could possibly move in after you have started the relisting process. This is easy to answer------DO NOT START THE RELISTING PROCESS UNTIL YOU HAVE LEGAL AND PHYSICAL POSSESSION BACK ! A LL should NEVER try to advertise a property until they have legal and physical possession back, as you never know exactly when they are moved out, nor what cleanup and/or damages they have left you------which would need to be taken care of before showing the place.

Today is July 1st. Rent is due today for July. To your knowledge, they have not moved nothing in yet. Tomorrow, send them a 3 day notice to pay rent, or quit. Send it by both regular and certified mail, and post a copy on their front door. Put the amount of rent ONLY, on the notice, as the late fees have not kicked in yet. Wait 2 days for the mailing to take place, and then count your 3 days. (in Iowa, we have to wait 4 days for the certified mailing to take place before we start counting the 3 days). After the 3 days are up, on the 4th day, post a 24 hour notice on their door, that you are coming in the next day to see if they have moved in or out. If you find they have nothing in the home, change the locks, and NOW you have both physical and legal possession back, as they have chosen to not pay you July's rent, and have instead chosen to not move in.

NOW you can start your relisting process. Whatever their deposit is, you need to send them a letter within 3-4 weeks, as to what you used it for, which would be the fees you will be paying again to rerent the property. Send it by both regular and certified mail, also. Yours was a special case that does not happen very often. But you still have to do certain things to stay legal in a court of law.

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