Tenants Break Lease Expect Deposit Back

[propertymanager]

I agree with Mike in Calif,

Send them a certified letter.  It probably won't help because tenants don't act rationally.  When they move out, definitely DO NOT SEND THEIR DEPOSIT BACK!  Even if you get it rented May 1st, you'll have a bunch of expenses.  You'll have advertising expense, cleanup expense, fix the nail holes in the walls, remove and dispose of any trash they leave, etc, etc, etc.  I'll bet that will come out to at least their deposit.  Furthermore, if you're doing the work yourself, pay yourself well.  You certainly ought to be worth $50 per hour - at least!!!

If they don't agree when they get your explanation of the expenses, let them sue you!

Good Luck,

Mike

[The Proponet]

Thanks alot guys.  On second thought I will send them a letter.  How do I go about showing the property then prior to them moving out?  Do I have the right to show the property and tell prospective tenants that they will be gone if I on one hand tell the tenants that they are responsible for the rent?
TP

[aak5454]

do nothing; do not show the property.  The lease is in force for ALL parties (you included).  showing the property would be signaling YOUR intention to violate the lease.

A lease is a contract, period, end of story.  Efforce the contract and abide by it.

[henryinma]

In this situation as in all situations, you want to treat your tenants fairly and honestly. You should send the letter explaining the entire situation to them. I typically go over the lease when people sign it so they know they what will happen if they break the lease.

They have notified you that they're breaking the lease. If it were in this state, you would be required to expend a reasonable amount of effort to have the place rented again by someone else. There's case law of people sitting around doing nothing and then going to court to try and get their money. Courts in this state have said you didn't make a reasonable effort so you get nothing. Again, don't know of the laws in your state so either contact a lawyer or just make a good business descision and try your best to cut your losses. Explain this situation to the tenant and they won't have any problems showing the apartment. I had this happen with one tenant and they were all too happy to let me show the apartment whenever I liked. I just called them to let them know when the appointment was and as long as they weren't sleeping or had other plans, they let me come in whether they were there or not. Usually in my standard lease there's wording that says I can show the apartment in the last 30 days. You still have to get their permission though.

Also don't feel you are entitled to the 4 months rents. You are entitled to them as damages if you can't rent it out. It's not yours if you do rent it out and then your only damages would be the costs involved in renting it. Typically you just eat this cost and total it up as the cost of business but if you feel you must get every last cent, you can try to pursue it from the tenants. To me, it's not worth the mental energy to pursue it when it's only a few hundred dollars at most. It's just the cost of being a landlord.  

[aak5454]

yes, in most states if a tenant has broken the lease (past tense), then you need to take steps to recover damages.  Given this sounds like a college rental, chance of getting market rent in the summer is very low.  However, at this point there is no breach of contract so no reason to take steps to migitate loss (as there have been none).

yes, I would show the place if you choice to cut a deal whereby the current tenants pay rent until replacement tenant si found plus cost of that activity.

Since you have mom-n-dad as co-signers, I would hold the line.  These people are simply tying to weasel out of paying becuase they think they can get away with it.  They probably intended to do this from day 1.

[The Proponet]

I sent them a certified letter this am to all parties involved (students and co-signers).  Basically I told them that they are responsible for rent until august 31.  If they insist on breaking the lease I will show the house to prospective tenants but they are responsible for rent until i find someone else and the cost of that activity.  I feel better now that I have responded and am confident if I have problems renting it that I will recoup my losses from their breach of contract in small claims court.  Thanks for all the input.

TP

[Redtigress]

You're going to keep us updated on the continuing story right?  Look forward to hearing how this resolves.

[The Proponet]

Sure will red.  This will play out like a soap opera I am sure.