Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
The "right" thing to do is to return their money. Re-advertising is the cost of doing business.
The right thing to do is the tenant say sorry we cannot move in and we understand we signed a contract so if you cannot rent the place we will pay rent untill you do. Why do people not take personal Responsibility for there actions
You are right it is a cost of doing business for the tenant not the landlord why do you think it only goes one way
I suppose the lease does not have a liquidated damage clause for breaking the lease?
One firm I did business charged two months to break the lease.
Several times they were able to re-rent quickly to others that had also wanted the apartment and in that case they either refunded all monies paid less the credit report fee or most of the money if the move-in was delayed...
There was never a problem because it was all spelled out in the lease.
On the other side... do you want to hold someone to a lease you already know to be a problem?
Good afternoon,
I (landlord) entered into a a lease agreement with a tenant on Feb 28th. They paid a security deposit, with first month's rent due prior to April 1st, which was their scheduled move-in date. Today, March 3rd, I received an email stating that their mother-in-law has fallen ill and they are unable to commit to the one year lease. I have already cashed their local bank check, and have opened a new account in my bank and depositd the funds. Not sure if my options are, keep the security deposit, return their deposit, force them to commit, begin legal action towards a full amount of a years lease.
Thank you in advance for your time,
Chris in Connecticut
Personally I would just return the money they have given you, wish their Mother in law quick healing and start advertising again. It was 4 days before they notified you, at least they did not wait until the day before they were to move in. Is the cost of advertising that much?
I would tell them I will try to rent the place for April if I get it rented i will return the money if i cannot rent it they are under contract sorry thats life. You will win in court you have a signed contract. Go try to buy a house and sign the paper work and go back in a day or two and tell them you changed your mind.
It's true about most real estate contracts that the contract rules, but for rental issues, State law usually dictates many aspects of the "contract". You will notice in many state laws that it says that they really could care less what you write in the lease, only what they say is enforcable is enforcable. Also, many Landlord Tenant laws also spell out what you will put in the lease as well, so even if yuor lease doe not say something, it will still apply because the state says it will apply. Thats why it's so important that new landlords read their state laws and know what they are getting into.
most landlords as well as tenants have no clue as to what their state laws really are and allow.
most folks only know what they believe to be true to the point of actually believing their own bull-sh*t but they dont really understand how the laws work.
its never what we dont know, its what we think we know that aint so that gets us.
unknown to most laymen are the states "surrender and control laws under operation of law of real property". you can even google this and most of the time find nothing but to attornys who specialize in real estate law this is routine for breaking residential leases as long as the laws of the state have the right clauses in them.
a shrewd attorney can use these most of the time to break any lease unless the landlord is knowledgable enough to realize in advance they are being set up to have the keys surrendered under clauses in their state laws.. . the truth is as a landlord unless you ran into a knowledgable tenant who pulled this on you ,you wouldnt even be aware your tenant could just get out of the lease at will and not even be aware they were setting you up to do it.
i still remember when the managment company learned my ex-wife outsmarted them and broke a lease with 1-1/2 years left on it and they had no recourse at all but to return her security depost less any apartment damages,.. they were managing properties for 30 years here in nyc and it was the first time they had someone pull whats called a "surrender" technique on them ..
Last edited by mathjak107; 03-04-2012 at 03:59 AM..
I suppose the lease does not have a liquidated damage clause for breaking the lease?
One firm I did business charged two months to break the lease.
Several times they were able to re-rent quickly to others that had also wanted the apartment and in that case they either refunded all monies paid less the credit report fee or most of the money if the move-in was delayed...
There was never a problem because it was all spelled out in the lease.
On the other side... do you want to hold someone to a lease you already know to be a problem?
This is what my lease states. And to me, it's a win-win for both tenant and landlord. If, God forbid, I had to break my lease, I have this option and face no dings on my credit. Love it. (and as a Dave Ramsey fan, I have an emergency fund that would cover those costs and then some )
As for the OP....it's your choice what to do, but I'd return the money and move on. You have time to find a tenant.
I have read through the statutes, to me this a grey area, as they have not actually taken possession of the property. There are statutes regarding security deposits, but again, they do not live there. I have to refund their security deposit within 30 days. She has stipulated that her mother-in-law cannot be left alone, but I have no idea of this address (forwarding address). Also in the lease, it states "Upon the termination of this Agreement, the security deposit shall be returned to Tenant, along with any interest owed, and less any set off for damages to the Premises." The wordage prior to this points to a natural expiration of the lease term. Not of abandonment or non-payment issues, which I can pursue after April 1st.
I also understand I have a right to the full amount or at least an amount lost up until the point of rental to another party. Any legal costs to obtain these monies will also be their responsibility as spelled out in the lease. At this point I am feeling that this may be like getting blood from a stone. I am leaning towards writing a nice email in return, wishing their mother (mother in-law) luck, explaining that they did enter into a legally binding contract. Explain that the ARE responsible for the full amount and attorney's fees (as spelled out in the lease agreement they signed) OR offer them the option of being responsible for finding a new tenant, or paying the balance till one is found. OR forfeit the security deposit and we all sign a notice of quit on the apartment.
Never allow someone else to find you a tenant. You want to properly screen your tenants. If they send you garbage that does not pass your screening, then what?
Never allow someone else to find you a tenant. You want to properly screen your tenants. If they send you garbage that does not pass your screening, then what?
Most of my tenants are referrals from current or past tenants...
When I know a unit will be soon available... I put the word out and it a current tenant sends that we sign a lease with... I credit them $100 off the next months rent...
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
