URGENT: Tenant wants out of lease, threating lawsuit

[Melissa Villegas]

Hello BP friends,

I'm in a pickle. The tenant wants out of their lease at no cost to them. They said they are afraid of mold from water seepage and are threatening to sue if I don't oblige. What would you do?

Background:

Flashflood rains caused water to come over the foundation and seep into the house 3 different times since late May.  They had to shop vac out several gallons of water each time.  Each time I have offered to help in any way that I can, they haven't asked for any.  

A French drain is in place, but we are in the process of adding more drainage.

The floors are LVT.  Lease started 12/1/21 and they asked for an extended lease of 18 months.  The lease states a $1500 fee for breaking the lease.  $3000 is the monthly rent.  $2500 security deposit.  

She wants to break the lease because she said she's afraid of mold.  She said some of her furniture has slight damage. I offered to replace it, she refused and said that she wants out and wants to turn in a 30 day notice as of 9/1 and is going to contact an attorney if we don't agree.   

Other facts: the a/c went out and I called for an emergency, same day repair.  Oven went out, I bought a large counter-top while we waited for a new one to be delivered and installed.  They have "emotional support pets" which I didn't charge her additional since they are alleged "emotional support" and she provided some generic computer print out and pet ID.  The two large dogs completely dug up all of the landscaping in my backyard, which they haven't fixed.  She pays by credit card and I repeatedly don't receive the rent by the first, usually the 5th-8th. I've never complained or charged her a fee.  There is a hole in the wall and ceiling that they haven't repaired, which they haven't fixed. 

Frankly, she has been a pain.  Asked me to pay for professional pest control for wasps in a tree by the house, I offered her ways to take care of b/c it's not part of the lease.  Complains that the solar panels don't pay for 100% of her electricity despite the hottest summer in Texas in years.  

Now that you have most of the story I would really appreciate your advice on how to handle this? 

As always, thank you for your valuable insights.  

[Ned J.]

Let them break the lease and leave with no penalty..... but EVERYTHING else applies in the lease....pay for damages etc etc etc. Wave the penalty to break the lease, but all else stays in place and do it all in writing. 

They are a PITA and its not worth the fight to try and collect $1500.

In the event that they stay, they will use the mold issue FOREVER..... any illness or issue will be mold related and your fault. As soon as a tenant starts to express some fear of their safety in the unit your best option is to let them leave. As soon as you force them to stay, the liability is now yours... no thanks. 

Plus you let them get away with WAY too much..... time to reset and not make the same mistakes with the next tenant. 

Wave the penalty, let them leave....  the PITA just gave you an out... take it and move on.....not worth fighting over $1500

Big reason I do MTM........ I dont want to be stuck with a tenant and any tenant that really wants to leave isn't worth fighting to make them stay.  If a tenant wants to leave, they will just leave and you will never see a dime of the "penalty" anyway. Tenants stuck in leases are miserable tenants and miserable tenants are a huge PITA