Tenant Wants To Break Lease Agreement

[ExtraSlow]

well, you can do it, and then let them argue with you about it. Fuck em I say.

[DonJuan]

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about all you can do is keep the damage deposit, give them a bill for the remaining term, don't expect them to pay it, and move on with your life.

This and do some small renovations to make it more appealing to those renters looking to move in December. They gonna fight you in court for the deposit back, and they will win.

[Disoblige]

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This and do some small renovations to make it more appealing to those renters looking to move in December. They gonna fight you in court for the deposit back, and they will win.

Is that what happened to you? Or maybe they too busy to even try it because they barely have the time to let you know they're moving out in a week lol.

[kenny]

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Can you? I mean, directly? I thought the damage deposit had to be applied against legitimate damage... Rental arrears or early termination is a different animal and the DD cannot be applied for that... I mean, sure, there could be a lot of extra "damage", but you can't just say "you left early, so I'm keeping your damage deposit", can you?

Yes, the security deposit can be used to cover rent or other obligations the tenant has to the landlord.

[you&me]

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Yes, the security deposit can be used to cover rent or other obligations the tenant has to the landlord.

Thanks for clarifying.

Best asset class and all that, I wasn't sure...

[90_Shelby]

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Sorry to clarify, they're going to move out end of this month, but their lease actually ends in 3 more months.


I am afraid you are most likely right. Or maybe take this opportunity to learn the small claims process for my own knowledge.

I was confused as well, I think there was a a missing comma that caused some confusion.


Regarding them leaving early, keep their damage deposit for now but you're only owed money for damages (lost rent), if you're unable to find a replacement tenant for that time period. If someone moves in January 1st, you get to keep the damage deposit to cover lost revenue for December. If they move in December 15th, you get to keep half the damage deposit. Unfortunately you are not entitled to 3 months compensation without trying to fill the space and in this market it shouldn't be that difficult.


I recently had a tenant leave early but they gave reasonable notice and I was able to find a new tenant to move in when they left at $200/month more, so there were no damages and I had no additional compensation. In your case, 6-7 days notice is unreasonable, but now it's up to you to find a new tenant and fill the space, which shouldn't be a problem in this market even if it takes a month.

Another recommendation, when you find a tenant, sign a 6 month lease first, then go back to 1 year leases so you're renewals correct to summer time as opposed to the middle of winter.

[DonJuan]

I try and avoid losing battles, so I only keep deposit for physical damages.

I usually schedule a joint walk through a couple weeks before and make note of what damages there are so there are no surprises.
I get a contractor in for estimates etc. if needed, and plan for repairs accordingly.

Final walk through with tenant on moving day, during or after move. Any additional damages we talk about, but I'm a softie so I usually paint high use areas at my own expense anyway after every long term tenant.

I've never held back deposit for leaving early, if they want out I let them out and change the locks. Don't want the cement down toilets etc.

[Xtrema]

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Can you? I mean, directly? I thought the damage deposit had to be applied against legitimate damage... Rental arrears or early termination is a different animal and the DD cannot be applied for that... I mean, sure, there could be a lot of extra "damage", but you can't just say "you left early, so I'm keeping your damage deposit", can you?

They can got to small claims to get it back but then landlord will go to small claims to get what's owed. So everyone just waste a lot of $ and time and be in the same spot.

[Disoblige]

Lots of good info. Thanks.

Also like the 6 month lease thing so it can go to summer time.

[gwill]

Hit the losers hard on the move out inspection. Each burnt out light bulb is $10. Every appliance is dirty and gets charged per appliance. Make sure to ding for every picture hung, "excessive" dirt everywhere... the list goes on and on.

Make sure their aware their a POS during the move out and that the costs to them go higher the longer your place sits empty.

Your only goal on the move out inspection is to make every single ding down so they know they get zero damage deposit back and then need to be worried you'll sue them for the place sitting empty. The harder you are the more likely they'll be greatful for you just keeping the damage deposit.

Make sure you have their new mailing address to send them any deposit that may or may not be left. After they provide it thank them for it as youll be serving them a civil claim immediately.

Screw these losers.

[mr2mike]

You can put your effort into getting even or effort into finding a better tenant and do a 6 mnth lease.

[you&me]

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Hit the losers hard on the move out inspection. Each burnt out light bulb is $10. Every appliance is dirty and gets charged per appliance. Make sure to ding for every picture hung, "excessive" dirt everywhere... the list goes on and on.

Make sure their aware their a POS during the move out and that the costs to them go higher the longer your place sits empty.

Your only goal on the move out inspection is to make every single ding down so they know they get zero damage deposit back and then need to be worried you'll sue them for the place sitting empty. The harder you are the more likely they'll be greatful for you just keeping the damage deposit.

Make sure you have their new mailing address to send them any deposit that may or may not be left. After they provide it thank them for it as youll be serving them a civil claim immediately.

Screw these losers.

Can you show us on the doll where the tennent hurt you?

[max_boost]

Welcome to the world of landlord tenant relations

I’ve had amazing tenants, low maintenance and stayed for years. The longest was 9 years and only moved cuz Covid layoff and forced retirement.

Have had a few stay for a few months and packed up but you know what, team softie I just let them go.

Ultimately up to you and what satisfies you. Enforce the contract? Compromise somewhere? Maybe half the deposit? Good luck.

[Disoblige]

Probably as mr2 mentioned, put more effort into finding a new tenant. I am just not looking forward to the walkout now considering the hastiness of this. Oh well...

[DonJuan]

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Probably as mr2 mentioned, put more effort into finding a new tenant. I am just not looking forward to the walkout now considering the hastiness of this. Oh well...

Put some effort into making the place look nice and it will entice @gwill tenants to leave early and with for his rant thread

One thing I've noticed, new tenants like the smell of fresh paint during a showing.

[gwill]

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Probably as mr2 mentioned, put more effort into finding a new tenant. I am just not looking forward to the walkout now considering the hastiness of this. Oh well...

If a tenant wants to play games take em to the cleaner. That's my motto. Let them learn the hard way that it's better to work together and be an adult about things then to up and leave last minute thinking there's no repercussions.

Giving them a free pass doesn't help the next landlord they screw over.

You have to do the move out inspection regardless so be ruthless and put them in their place.

[flipstah]

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I try and avoid losing battles, so I only keep deposit for physical damages.

I usually schedule a joint walk through a couple weeks before and make note of what damages there are so there are no surprises.
I get a contractor in for estimates etc. if needed, and plan for repairs accordingly.

Final walk through with tenant on moving day, during or after move. Any additional damages we talk about, but I'm a softie so I usually paint high use areas at my own expense anyway after every long term tenant.

I've never held back deposit for leaving early, if they want out I let them out and change the locks. Don't want the cement down toilets etc.

I feel like this is the justest and logically sound landlord advice

[90_Shelby]

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If a tenant wants to play games take em to the cleaner. That's my motto. Let them learn the hard way that it's better to work together and be an adult about things then to up and leave last minute thinking there's no repercussions.

Giving them a free pass doesn't help the next landlord they screw over.

You have to do the move out inspection regardless so be ruthless and put them in their place.

Have you ever heard the term, you can't take blood from a stone......

[88CRX]

It’s a fine line to not have concrete left in the shitters.

Tee up what condition you expect the place to be in on move out day. Then as your doing the inspection have a locksmith on site so they know they’re fucking out. Then I believe you have some time to give them an invoice of damages.

[Recca168]

Oddly enough I have had this happen to me 3 times. Every time I was given less than a month notice. I did keep the damage deposit as lost rents.

Each time the property sat vacant for a month and was rented the month after. It should be pretty reasonable to claim the damage deposit as lost rents. It takes time to do repairs and find a new tenant. I wouldn't expect to get anything else back though